"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is (...) applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed “images of law.” Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 3 Seiten: 485-495.

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)

There is no systematic knowledge about how individuals with Locked-in Syndrome experience their situation. A phenomenology of LIS, in the sense of a description of subjective experience as lived by the ill persons themselves, does not yet exist as an organized endeavor. The present article takes a step in that direction by reviewing various materials and making some suggestions. First-person narratives provide the most important sources, but very few have been discussed. LIS barely appears in bioethics and neuroethics. Research on (...) Quality of Life provides relevant information, one questionnaire study explores the sense of personal continuity in LIS patients, and LIS has been used as a test case of theories in “embodied cognition” and to explore issues in the phenomenology of illness and communication. A systematic phenomenology of LIS would draw on these different areas: while some deal directly with subjective experience, others throw light on its psychological, sociocultural and materials conditions. Such an undertaking can contribute to the improvement of care and QOL, and help inform philosophical questions, such as those concerning the properties that define persons, the conditions of their identity and continuity, or the dynamics of embodiment and intersubjectivity. (shrink)

Since its emergence in the early 2000s, neuroethics has become a recognized, institutionalized and professionalized field. A central strategy for its successful development has been the claim that it must be an autonomous discipline, distinct in particular from bioethics. Such claim has been justified by the conviction, sustained since the 1990s by the capabilities attributed to neuroimaging technologies, that somehow ‘the mind is the brain’, that the brain sciences can illuminate the full range of human experience and behavior, and that (...) neuroscientific knowledge will have dramatic implications for views of the human, and challenge supposedly established beliefs and practices in domains ranging from self and personhood to the political organization of society. This article examines how that conviction functions as neuroethics’ ideological condition of possibility. (shrink)

RESUMEN En el prólogo a la segunda edición de la Crítica de la razón pura, ¿qué ha querido decir Kant con una “revolución del modo de pensar” que se debe aplicar a la metafísica para que tome el camino de la ciencia? Cabe distinguir dos significados: uno de carácter metodológico, que asume que el conocimiento rige a los objetos y tendría alcance. Aplicada a la metafísica, supone una transformación más profunda que permite hablar, en segundo lugar, de un significado metafísico (...) específico, que implica que el conocimiento constituye aquello mismo a lo que se llama el objeto de las representaciones. ABSTRACT What is Kant referring to when, in the Preface to the Second Edition of the Critique of Pure Reason, he speaks of the “revolution in the way of thinking” that is needed for metaphysics to enter the path of science? Two meanings are possible. The first is a methodological one, which assumes that knowledge governs objects and would, therefore, extend to metaphysics. Applied to the latter, a more profound transformation is needed, one that would make it possible to speak of a specific metaphysical meaning entailing that knowledge constitutes the object of representations. (shrink)

En el prólogo a la segunda edición de la Crítica de la razón pura, ¿qué ha querido decir Kant con una “revolución del modo de pensar” que se debe aplicar a la meta-física para que tome el camino de la ciencia? Cabe distinguir dos significados: uno de carácter metodológico, que asume que el conocimiento rige a los objetos y ten-dría alcance. Aplicada a la metafísica, supone una transformación más profunda que permite hablar, en segundo lugar, de un significado metafísico específico, (...) que implica que el conocimiento constituye aquello mismo a lo que se llama el objeto de las representaciones. (shrink)

Conservativity in generalized quantifiers is linked to presupposition filtering, under a propositions-as-types analysis extended with dependent quantifiers. That analysis is underpinned by modeltheoretically interpretable proofs which inhabit propositions they prove, thereby providing objects for quantification and hooks for anaphora.

This article analyzes the financial performance and managerial abilities of a sample of US and European socially responsible (SR) mutual funds. The period analyzed commences from January 1994 and concludes in January 2013 and yields 18 US and 89 European green funds. The results obtained for green fund managers are compared with those achieved for conventional and other forms of SR mutual fund managers. We control for the mutual fund investment objective (distinguishing between domestic and global portfolios) and for the (...) effect of crisis market periods. For US SR funds, partitioning the data into crisis and normal periods reveals that SR funds obtain statistically insignificant performance in crisis periods but underperform relative to the market in normal periods. Furthermore, the findings indicate that green funds do not perform worse than other forms of SR mutual funds. For European SR funds partitioning the data into crisis and normal periods reveals that SR funds obtain statistically insignificant performance irrespective of market conditions. Similar to the US findings, green Europe SR funds do not perform worse than other forms of SR mutual funds. Managerial abilities are not evident in the findings though unsuccessful timing of the market is revealed for both Europe and US global green funds. When analyzing managerial abilities in crisis and non-crisis market periods, US green fund managers achieve better results in crisis market periods and the opposite occurs for green fund managers in European market. (shrink)

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...) that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

Im Anhang zum zweiten Teil der Kritik der Urteilskraft, der Kritik der teleologischen Urteilskraft, setzt sich Kant mit der Frage nach dem Zweck der Schöpfung auseinander. Seine These ist hier eindeutig: „wir [erkennen] nun den Menschen […] als moralisches Wesen für den Zweck der Schöpfung [an…]“. Warum ist jedoch der Mensch als moralisches Wesen für den Zweck der Schöpfung zu halten? Diese Frage ist keineswegs unumstritten und soll in diesem Aufsatz erörtert werden. Um sie zu beantworten, werde ich den Zusammenhang (...) von drei bestehenden Elementen der kantischen Auffassung des Menschen als Zweck der Schöpfung erläutern: Die vernünftige Natur des Menschen, die Freiheit seines Willens, und das Sittengesetz. (shrink)

La oposición a Hegel mediante la cual con frecuencia la tradición presenta la filosofía schopenhaueriana se ha interpretado en ocasiones como una relación de dependencia, en la medida en que aquella habría surgido como una cierta reacción frente a la de Hegel. El artículo muestra que los documentos disponibles acerca de los comienzos de la relación de Schopenhauer con Hegel hacen insostenible tal supuesto, además de ofrecer un marco y diversas claves para comprender su posterior polémica con el hegelianismo.

Edward Nelson published in 1986 a book defending an extreme formalist view of mathematics according to which there is an impassable barrier in the totality of exponentiation. On the positive side, Nelson embarks on a program of investigating how much mathematics can be interpreted in Raphael Robinson's theory of arithmetic Q. In the shadow of this program, some very nice logical investigations and results were produced by a number of people, not only regarding what can be interpreted in Q but (...) also what cannot be so interpreted. We explain some of these results and rely on them to discuss Nelson's position. (shrink)

ArgumentSeeing a prodigious cure happen and then testifying about it certainly differs from attending an air pump experiment in order to bear witness to it. Yet early-modern saint-making and the “new” or “experimental philosophy” shared juridical roots, and thereby an understanding of the role of testimony for the establishment of “matters of fact” and for the production of legitimate knowledge. The reforms carried out after the Council of Trent, especially during Urban VIII's pontificate, of the juridical procedures for saint-making in (...) the Catholic Church implied a new attitude towards the examination of proposed miracles. Most of these miracles were healings. While the appeal to medical expertise had long been common, and skepticism had often manifested itself regarding cures or extraordinary bodily phenomena, both were now given formal status. Miracle inquests henceforth leaned towards refuting miraculousness by means of natural explanations. The procedure was systematized in a treatise published in the 1730s by Prospero Lambertini. The combination of Lambertini's work with the canonization causes in which he acted as the “devil's advocate” in charge of disputing arguments favorable to a sainthood candidate allows for a reconstruction of the interplay between the juridical and scientific economies of saint-making, and of the role of testimony in the production of trust and evidence. (shrink)

Forsyth’s (1980) Ethics Position Questionnaire and Hunt et al.’s (1989) Corporate Ethical Value Questionnaire are used to examine the ethical ideologies of senior managers from organizations listed in the Australian Stock Exchange. The results indicate how corporate ethical values, religion, gender, and age are related to the idealism and relativism of senior Australian managers. After discussing the results, limitations of the study are offered. Finally, managerial implications are provided and recommendations for future research are given.

We give an elementary proof of the strong normalization of the atomic polymorphic calculus Fat.

[Given, If, Then] attempts to conceive a possibility of reading, through a set of readings: reading being understood as the relation to an Other that occurs prior to any semantic or formal identification, and, therefore, prior to any attempt at assimilating, or appropriating, what is being read to the one who reads. As such, it is an encounter with an indeterminable Other, an Other who is other than other -- an unconditional relation, and thus a relation to no fixed object (...) of relation. The first reading by Jeremy Fernando, "Blind Reading," unfolds through an attempt to speak of reading as an event. Untheorisable in itself, it is a positing of reading as reading, through reading, where texts are read as a test site for reading itself. As such, it is a meditation on the finitude and exteriority in literature, philosophy, and knowledge; where blindness is both the condition and limit of reading itself. Folded into, or in between, this (re)reading are a selection of photographs from Jennifer Hope Davy's image archive. They are on the one hand simply a selection of 'impartial pictures' taken, and on the other hand that which allow for something singular and, therefore, always other to dis/appear -- crossing that borderless realm between 'some' and 'some-thing.' Eventually, there is a writing on images on writings by Julia Hölzl. A responding to the impossible response, a re-iteration, a re-reading of what could not have been written, a re-writing of what could not have been read; these poems, if one were to name them such, name them as such, answer (to) the impossibility of answering: answer to no call. (shrink)

: In his works on ecological philosophy, Bruno Latour develops an interesting ontology. He proposes a new worldview, in which religion is reinterpreted in view of a Gaian philosophy. He extends ‘pluralism’ beyond the anthropocentrism that dominates modern humanism. In his book Facing Gaia Latour includes nonhuman beings in a larger community and works towards a larger concept of eco-humanism. In this paper, I try to reconstruct his position by showing that the philosophical foundation for his interpretation of ontology is (...) to be classified as a form of new materialism. This new interpretation of materialism has postmodernist origins (inspired by Gilles Deleuze), but it is not identical to it, because Latour explicitly distances himself from ‘postmodernism’. He wants to contribute to a ‘positive’ ontology. My point is that Latour’s materialist grounding of ontology, which he tries to elaborate in order to make a religious pluralism possible, obstructs any foundation of transcendence and, finally, congests a pluralistic ecumene, because it renounces to the idea of the ‘whole’ and a unitary principle of being. His ideas on eco-humanism and pluralistic ecumene could gain momentum if we opted for a more holistic and idealistic way of thinking. In my last section I show how this is possible: objective idealism and panentheism are conceived as models that belong together and can offer a viable alternative for modern versions of materialism. (shrink)

Finite-state methods are applied to determine the consequences of events, represented as strings of sets of fluents. Developed to flesh out events used in natural language semantics, the approach supports reasoning about action in AI, including the frame problem and inertia. Representational and inferential aspects of the approach are explored, centering on conciseness of language, context update and constraint application with bias.

Resumo: O presente artigo analisa a composição étnico-racial dos programas de pós-graduação brasileiros da área de filosofia. O propósito é identificar as características gerais da área e analisar os dados disponíveis sobre as declarações de cor/raça em seus mestrados e doutorados. Espera-se que essas análises sejam úteis para a discussão e proposição de ações afirmativas em tais programas. O resultado obtido evidenciou que negros estão largamente sub-representados na pós-graduação em filosofia. Com efeito, a área é atualmente entre as humanidades a (...) de maior concentração de estudantes declarados brancos. Isto posto, o estudo especula possíveis causas e consequências dessa situação, procurando encontrar caminhos para o enfrentamento efetivo do racismo acadêmico. Palavras-chave: Desigualdades Raciais; Perfil Discente; Racismo Acadêmico. Black People in Philosophy Graduate Programs in Brazil Abstract: The present paper analyzes the ethnic-racial composition of Brazilian graduate programs in the field of philosophy. Its purpose is to identify the general characteristics of the field, and to analyze the available data on color/race in its master’s and doctoral programs. It is hoped that these analyzes will be useful for the discussion and proposition of affirmative actions in such programs. The result obtained showed that blacks are largely underrepresented in Brazilian philosophy graduate schools. Indeed, the field is currently the one with the highest concentration of students declared to be white among all the human sciences in Brazil. With that being said, the study speculates on possible causes and consequences of that situation, seeking to find ways to effectively confront academic racism. Keywords: Racial Inequalities; Student Profile; Academic Racism. Schwarze Menschen an Graduiertenprogrammen für Philosophie in Brasilien Zusammenfassung: Der vorliegende Beitrag analysiert die ethnisch-rassische Zusammensetzung brasilianischer Graduiertenprogramme im Bereich Philosophie. Sein Zweck ist es, die allgemeinen Merkmale des Fachgebiets zu identifizieren und die verfügbaren Daten zu Farbe/Rasse in seinen Master- und Doktoratsprogrammen zu analysieren. Es ist zu hoffen, dass diese Analysen für die Diskussion und den Vorschlag von Maßnahmen positiver Diskriminierung in solchen Programmen nützlich sein werden. Das hier erreichte Ergebnis zeigte, dass Schwarze in den brasilianischen Graduiertenkollegs stark unterrepräsentiert sind. In der Tat ist das Fachgebiet derzeit dasjenige unter allen Humanwissenschaften in Brasilien mit der höchsten Konzentration von Studenten, die als weiß deklariert werden. Vor diesem Hintergrund spekuliert diese Studie über mögliche Ursachen und Folgen dieser Situation und versucht, Wege zu finden, um akademischem Rassismus wirksam entgegenzutreten. Schlüsselwörter: Rassenungleichheiten; Studierendenprofil; Akademischer Rassismus. Data de registro: 16/06/2022 Data de aceite: 26/10/2022. (shrink)

Prepared with the cooperation and assistance of Sara Timby, Stanford University Libraries, this edition contains papers that were still on C. I. Lewis' desk at the time of his death. Especially noteworthy is the fragment entitled "On Probability" in which Lewis directs his attention to the subject of past experiences, which, although now beyond recall, are regarded as having played a role in the fomation of our beliefs. Also included are notes on thought regarded as action, on the Kantian postulate (...) of the existence of God, and Lewis' own notion of conscious life as "repository of value.". (shrink)

This book explores the notion of endangerment which stands at the heart of a network of concepts, values and practices dealing with objects considered threatened by extinction, and with the procedures aimed at preserving them. It looks at some of the fundamental ways in which this process involves science, but also more than science: not only data and knowledge and institutions, but also affects and values. With a focus on endangerment sensibility, it encapsulates tensions between the normative and the utilitarian, (...) the natural and the cultural. (shrink)

Inertia is enshrined in Newton’s first law of motion, a body at rest or in uniform motion remains in that state unless a force is applied to it. Now, consider (1). (1) Pat stopped the car before it hit the tree. Can we conclude from (1) that the car struck the tree? Not without further information such as that supplied in (2). (2) But the bus behind kept going. A post-condition for Pat stopping the car is that the car be (...) at rest. To satisfy a pre-condition for the car hitting the tree (namely, that the car not be at rest), inertia requires that some intervening force act on the car (as hinted, for example, by (2)). In the absence of such a force, (1) would appear to suggest that Pat prevented a collision between car and tree. Exactly what bit of physics are we importing into natural language interpretation here? Oversimplified, Newton’s first law of motion says: no change without force. Identifying force with cause, we come to the slogan no temporality without cause, capturing in a phrase the proposal from Steedman 2000 that.. (shrink)

This article is an ethical evaluation of the SENS bio-engineering program of Aubrey de Grey. After a general introduction, section 2 is a refutation of the claim that not to cure aging is immoral. It analyses the conceptual identification made by de Grey between “aging” and “disease.” This identification has important moral implications. It is argued that from a physiological standpoint the identification makes sense but from an evolutionary point of view it is highly questionable. Section 3 is a refutation (...) of the answer given by transhumanists to objections concerning the desirability of physical immortality. It is argued that the objections have not been adequately answered. (shrink)

This article is an ethical evaluation of the SENS bio-engineering program of Aubrey de Grey. After a general introduction, section 2 is a refutation of the claim that not to cure aging is immoral. It analyses the conceptual identification made by de Grey between “aging” and “disease.” This identification has important moral implications. It is argued that from a physiological standpoint the identification makes sense but from an evolutionary point of view it is highly questionable. Section 3 is a refutation (...) of the answer given by transhumanists to objections concerning the desirability of physical immortality. It is argued that the objections (which involve possible futuristic doom-scenarios questioning the desirability of physical immortality and continuous rejuvenation) have not been adequately answered. (shrink)

Notes by Dr. Robert Gahringer, who was C.I. Lewis' assistant at Harvard, Dr. Francis H. Parker, and those of the editor were used to reconstruct Lewis' lectures in Phil. 130, Kant, as those lectures were presented at Harvard in the late 40's and early 50's. The test of the reconstruction includes a detailed discussion of European epistemology in the period before Kant in addition to Lewis' interpretation of Kant's epistemology, critique of metaphysics, theology, and a brief presentation of his moral (...) philosophy. (shrink)

Notes by Dr. Robert Gahringer, who was C.I. Lewis' assistant at Harvard, Dr. Francis H. Parker, and those of the editor were used to reconstruct Lewis' lectures in Phil. 130, Kant, as those lectures were presented at Harvard in the late 40's and early 50's. The test of the reconstruction includes a detailed discussion of European epistemology in the period before Kant in addition to Lewis' interpretation of Kant's epistemology, critique of metaphysics, theology, and a brief presentation of his moral (...) philosophy. (shrink)

Notes by Dr. Robert Gahringer, who was C.I. Lewis' assistant at Harvard, Dr. Francis H. Parker, and those of the editor were used to reconstruct Lewis' lectures in Phil. 130, Kant, as those lectures were presented at Harvard in the late 40's and early 50's. The test of the reconstruction includes a detailed discussion of European epistemology in the period before Kant in addition to Lewis' interpretation of Kant's epistemology, critique of metaphysics, theology, and a brief presentation of his moral (...) philosophy. (shrink)

This edition is of a notebook prepared by C.I. Lewis during 1910-11. The text covers the "predicament" of philosophy at the time of Kant, The Critique of Pure Reason, and The Metaphysic of Morals. The highly detailed discussion of the Critique was "based on" Lewis' own outlines made in the Kant course conducted by Ralph Barton Perry.

Resumo: Trata-se de avaliar a justiça da leitura deleuzeana de Bergson, partindo de duas problemáticas principais: o monismo da duração, que Deleuze enxerga e defende em Bergson, e a ontologização do passado, a qual ele promove em sua apreciação da filosofia bergsoniana. Como procuraremos mostrar, se o primeiro ponto parece particularmente equivocado, o segundo ponto parece encontrar guarida em alguns trechos da obra de Bergson.: In this article we evaluate Deleuze's reading of Bergson, discussing two main problems: the monism of (...) duration that Deleuze sees and defends in Bergson, and the ontologization of the past that he finds in the Bergsonian philosophy. As we shall attempt to show, if the first point seems particularly misleading, the second point seems to find a basis in some passages of Bergson's work. (shrink)

This paper first illustrates what kind of ethical issues arise from the new information, communication and automation technology. It then argues that we may embrace the popular idea that technology is ethically neutral or even ambivalent without having to close our eyes to those issues and in fact, that the ethical neutrality of technology makes them all the more urgent. Finally, it suggests that the widely ignored fact of normal responsible behaviour offers a new and fruitful starting point for any (...) future thinking about such issues. (shrink)