This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the first (...) place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

BackgroundIn the Netherlands, Foundation De Einder offers counselling to people who wish to be able to self-determine the timing and manner of their end of life.AimThis study explores the experiences with counselling that counselees receive from counsellors facilitated by Foundation De Einder.MethodsOpen coding and inductive analysis of in-depth interviews with 17 counselees.ResultsCounselling ranged from solely receiving information about lethal medication to combining this with psychological counselling about matters of life and death, and the effects for close ones. Counselees appreciated the (...) availability of the counsellor, their careful and open attitude, feeling respected and being reminded about their own responsibility. Some counselees felt dependent on the counsellor, or questioned their competency. Most counselees collected lethal medication. This gave them peace of mind and increased their quality of life, but also led to new concerns. Few were inclined to use their self-collected medication. Counselling contributed to thinking about if, when and how counselees would like to end their life.ConclusionHaving obtained means to end their lives can offer people feelings of reassurance, which can increase their quality of life, but can also give rise to new concerns. Next to providing information on lethal medication, counsellors can play an important role by having an open non-judgemental attitude, providing trustworthy information and being available. These positively valued aspects of counselling are also relevant for physicians taking care of patients who wish to self-determine the timing and manner of their end of life. (shrink)

Background In the Netherlands, people can receive (limited) demedicalised assistance in suicide (DAS)—an option less well known than physician-assisted dying (PAD). Aim This study explores which trajectories people take to seek DAS, through open-coding and inductive analysis of in-depth interviews with 17 people who receive(d) DAS from counsellors facilitated by foundation De Einder. Results People sought DAS as a result of current suffering or as a result of anticipating possible prospective suffering. People with current suffering were unable or assumed they (...) would be unable to obtain PAD. For people anticipating possible prospective suffering, we distinguished two trajectories. In one trajectory, people preferred PAD but were not reassured of help by the physician in due time and sought DAS as a backup plan. In the other trajectory, people expressed a preference for DAS mainly as a result of emphasising self-determination, independence, taking their own responsibility and preparing suicide carefully. In all trajectories, dissatisfaction with physician–patient communication—for instance about (a denied request for) PAD or fearing to discuss this—influenced the decision to seek DAS. Conclusions While PAD is the preferred option of people in two trajectories, obtaining PAD is uncertain and not always possible. Dissatisfaction with physician–patient communication can result in the physician not being involved in DAS, being unable to diagnose diseases and offer treatment nor offer reassurance that people seem to seek. We plea for more mutual understanding, respect and empathy for the limitations and possibilities of the position of the physician and the patient in discussing assistance in dying. (shrink)

To describe the content of practice guidelines on euthanasia and assisted suicide (EAS) and to compare differences between settings and guidelines developed before or after enactment of the euthanasia law in 2002 by means of a content analysis. Most guidelines stated that the attending physician is responsible for the decision to grant or refuse an EAS request. Due care criteria were described in the majority of guidelines, but aspects relevant for assessing these criteria were not always described. Half of the (...) guidelines described the role of the nurse in the performance of euthanasia. Compared with hospital guidelines, nursing home guidelines were more often stricter than the law in excluding patients with dementia (30% vs 4%) and incompetent patients (25% vs 4%). As from 2002, the guidelines were less strict in categorically excluding patients groups (32% vs 64%) and in particular incompetent patients (10% vs 29%). Healthcare institutions should accurately state the boundaries of the law, also when they prefer to set stricter boundaries for their own institution. Only then can guidelines provide adequate support for physicians and nurses in the difficult EAS decision-making process. (shrink)

BackgroundLiterature shows that middle-aged and older adults sometimes experience a wish to die. Reasons for these wishes may be complex and involve multiple factors. One important question is to what extent people with a wish to die have medically classifiable conditions. Aim(1) Estimate the prevalence of a current wish to die among middle-aged and older adults in The Netherlands; (2) explore which factors within domains of vulnerability (physical, cognitive, social and psychological) are associated with a current wish to die; (3) (...) assess how many middle-aged and older adults with a current wish to die do not have a medically classifiable condition and/or an accumulation of age-related health problems.MethodsData of 2015/16 from the Longitudinal Aging Study Amsterdam were used for this cross-sectional study (1563 Dutch middle-aged and older adults aged between 57 and 99 years), obtained through structured medical interviews and self-reported questionnaires. Three experienced physicians assessed whether the participants with a current wish to die could be classified as having a medically classifiable condition and/or an accumulation of age-related health problems.ResultsN = 62 participants (4.0%) had a current wish to die. Having a current wish to die was associated with multiple characteristics across four domains of vulnerability, among which: self-perceived health, problems with memory, self-perceived quality of life and meaningfulness of life. Fifty-four participants with a current wish to die were assessed with having a medically classifiable condition, of which one was also assessed with having an accumulation of age-related health problems. Six people were assessed to have neither, and for two people it was unclear.ConclusionA small minority of middle-aged and older adults in the Netherlands have a current wish to die. Most of them can be classified with a medical condition and one person with an accumulation of age-related health problems. Furthermore, the findings show that having a current wish to die is multi-faceted. There is still a need for more knowledge, such as insight in to what extent suffering stemming from the medical classifiable disease contributes to the development of the wish to die. (shrink)

In this rich and impressive new book, Henry Somers- Hall gives a nuanced analysis of the philosophical relationship between G. W. F. Hegel and Gilles Deleuze. He convincingly shows that a serious study of Hegel provides an improved insight into Deleuze’s conception of pure difference as the transcendental condition of identity. Somers- Hall develops his argument in three steps. First, both Hegel and Deleuze formulate a critique of representation. Second, Hegel’s proposed alternative is as logically consistent as Deleuze’s. Third, Deleuze (...) can account for evolution, whereas Hegel cannot. (shrink)

Contrastivism can be applied to a variety of problems within philosophy, and as such, it can be coherently seen as a unified movement. This volume brings together state-of-the-art research on the contrastive treatment of philosophical concepts and questions, including knowledge, belief, free will, moral luck, Bayesian confirmation theory, causation, and explanation.

This reflection focuses on what insights Catholic Social Teaching can provide for corporate governance. I argue that the ‘standard’ agency theory is overly reductionist and insufficiently incorporates important economic limitations as well as human frailty. As a result, such agency theory insufficiently distinguishes firms from markets, which can easily relativize how we treat others and facilitate rationalization of unethical behavior. I then explore how three pillars of CST—human dignity, solidarity, and subsidiarity—can help overcome these limitations. CST proposes a vision of (...) the business corporation as a community of persons, working together in cooperative business relationships toward the shared purpose of contributing to human flourishing. (shrink)

In order to explain such puzzling cases as the Bank Case and the Airport Case, semantic contextualists defend two theses. First, that the truth-conditions of knowledge sentences fluctuate in accordance with features of the conversational context. Second, that this fluctuation can be explained by the fact that 'knows' is an indexical. In this paper, I challenge both theses. In particular, I argue that it isn't obvious that 'knows' is an indexical at all, and that contrastivism can do the same work (...) as contextualism is supposed to do, without being linguistically implausible. (shrink)

Charles Travis has developed a distinction between “the historical” and “the conceptual”, which underlies his influential contributions to the philosophy of language and perception. The distinction is based on the observation that there are, for any thought, indefinitely many different circumstances that would render it true. The generality of thoughts and concepts contrasts with the particularity of the sensible world. I challenge the assumption that what exhibits such generality cannot belong to the sensible world. I also defend a version of (...) the claim that perception involves the exercise of conceptual capacities. (shrink)

Psycholinguistic studies often look at the production of referring expressions in interactive settings, but so far few referring expression generation algorithms have been developed that are sensitive to earlier references in an interaction. Rather, such algorithms tend to rely on domain-dependent preferences for both content selection and linguistic realization. We present three experiments showing that humans may opt for dispreferred attributes and dispreferred modifier orderings when these were primed in a preceding interaction (without speakers being consciously aware of this). In (...) addition, we show that speakers are more likely to produce overspecified references, including dispreferred attributes (although minimal descriptions with preferred attributes would suffice), when these were similarly primed. (shrink)

This chapter discusses a central problem in Sebastian Rödl’s Self-Consciousness & Objectivity (SC&O) and in Wittgenstein’s Tractatus. In a statement of the form “I think p”, the words “I think” do not contribute to the content and yet they are not redundant. What comes to the same, a thinking subject is not something and yet not nothing. But then in what sense is a thinking subject a part of the world? The problem is intractable on a merely negative understanding of (...) “I think”, like Anscombe’s merely negative thesis, endorsed by SC&O, that “I” is not a referring expression. In search of a positive understanding, this chapter proposes to understand “I think” by comparison to “hello”. A speaking subject is the expression of mutual presence in conversation — in that sense a limit of the world. Such expression may be compared to facial expression, with the crucial difference that a verbal expression can be taken up - repeated - in the third person. A speaking subject, then, is potentially absent from conversation — in that sense a part of the world. (shrink)

Standardisation is increasingly seen as a means to insert ethics in innovation processes. We examine the institutionalisation of responsible innovation in de jure standardisation as this is an important but unexplored research area. In de jure standardisation, stakeholders collaborate in committees to develop standards. We adopt the anticipation, inclusion, reflexivity, and responsiveness responsible innovation framework as our theoretical lens. Our study suggests that responsible standardisation processes should embody forms of these four dimensions. We investigate the institutionalisation of these dimensions and (...) identify 96 factors that can motivate, hinder, or facilitate responsible standardisation. Factors were found through in-depth interviews with managers of a standard developing organisation. These are subsequently validated/rejected using surveys completed by committee representatives. The results suggest that the social desirability of standards is not self-evident. This study could pave the way for future research on responsible standardisation processes, complementing research on legitimacy, responsible innovation, and standardisation. (shrink)

How the Author Disappeared from Wittgenstein’s Tractatus In this essay, I investigate the status of the written word in the (early, mostly) work of Wittgenstein. In the Tractatus Logico-Philosophicus, Wittgenstein tends to imagine language as written rather than spoken. This focus on writing goes together with a sense that the author is absent from the text. I argue that the problem is not with writing in general but specifically with books, and more specifically with the fantasy of a book of (...) everything, the importance of which to Wittgenstein’s early work was brought out by Eli Friedlander. On my account, such a book, by pretending to contain the whole world, leaves no place for an author. Since the early Wittgenstein imagines subjectivity in the form of a book of everything, he is unable to place subjectivity – subjects: you and I – in the world. I end by briefly suggesting that in his later work, Wittgenstein gives up on the fantasy of a book of everything and is in a better position to address the problem of finding subjectivity in the world. (shrink)

This essay examines two conceptions of the ancient ideal of ‘living in the present’, one that may be called ‘Platonic’, suggested by a remark of Ludwig Wittgenstein, and one that may be called ‘Stoic’, developed by Pierre Hadot. On both conceptions, a life lived and considered in the right way is complete in the present, so that nothing is wanting. I introduce a problem concerning the coherence of this concept: Life involves movement, and movement is aimed at some completion in (...) the future. How, then, can a life be complete in the present and yet not be static? I consider and reject an answer by Hadot, based on psychological concentration on the present. I then propose an alternative answer, based on Aristotle's concept of complete activity, and discuss its significance for both the Platonic and the Stoic conception of the ideal. Throughout, my focus is on this metaphysical and conceptual problem, thus preparing the way for the ethical question whether ‘living in the present’ would be a good way to live. (shrink)

One of the hardest questions to answer for a (Neo)platonist is to what extent and how the changing and unreliable world of sense perception can itself be an object of scientific knowledge. My dissertation is a study of the answer given to that question by the Neoplatonist Proclus (Athens, 411-485) in his Commentary on Plato’s Timaeus. I present a new explanation of Proclus’ concept of nature and show that philosophy of nature consists of several related subdisciplines matching the ontological stratification (...) of nature. Moreover, I demonstrate that for Proclus philosophy of nature is a science, albeit a hypothetical one, which takes geometry as its methodological paradigm. I also offer an explanation of Proclus’ view of what is later called the mathematization of physics, i.e. the role of the substance of mathematics, as opposed to its method, in explaining the natural world. Finally, I discuss Proclus’ views of the discourse of philosophy of nature and its iconic character. (shrink)

Many philosophers are building a solid case in favour of the knowledge account of assertion (KAA). According to KAA, if one asserts that P one represents oneself as knowing that P. KAA has recently received support from linguistic data about prompting challenges, parenthetical positioning and predictions. In this article, I add another argument to this rapidly growing list: an argument from what I will call ‘reinforcing parenthesis’.

A decade ago, Isham and Butterfield proposed a topos-theoretic approach to quantum mechanics, which meanwhile has been extended by Döring and Isham so as to provide a new mathematical foundation for all of physics. Last year, three of the present authors redeveloped and refined these ideas by combining the C*-algebraic approach to quantum theory with the so-called internal language of topos theory (Heunen et al. in arXiv:0709.4364). The goal of the present paper is to illustrate our abstract setup through the (...) concrete example of the C*-algebra M n (ℂ) of complex n×n matrices. This leads to an explicit expression for the pointfree quantum phase space Σ n and the associated logical structure and Gelfand transform of an n-level system. We also determine the pertinent non-probabilisitic state-proposition pairing (or valuation) and give a very natural topos-theoretic reformulation of the Kochen–Specker Theorem.In our approach, the nondistributive lattice ℘(M n (ℂ)) of projections in M n (ℂ) (which forms the basis of the traditional quantum logic of Birkhoff and von Neumann) is replaced by a specific distributive lattice $\mathcal{O}(\Sigma_{n})$ of functions from the poset $\mathcal{C}(M_{n}(\mathbb{C}))$ of all unital commutative C*-subalgebras C of M n (ℂ) to ℘(M n (ℂ)). The lattice $\mathcal{O}(\Sigma_{n})$ is essentially the (pointfree) topology of the quantum phase space Σ n , and as such defines a Heyting algebra. Each element of $\mathcal{O}(\Sigma_{n})$ corresponds to a “Bohrified” proposition, in the sense that to each classical context $C\in\mathcal{C}(M_{n}(\mathbb{C}))$ it associates a yes-no question (i.e. an element of the Boolean lattice ℘(C) of projections in C), rather than being a single projection as in standard quantum logic. Distributivity is recovered at the expense of the law of the excluded middle (Tertium Non Datur), whose demise is in our opinion to be welcomed, not just in intuitionistic logic in the spirit of Brouwer, but also in quantum logic in the spirit of von Neumann. (shrink)

A central intuition many epistemologists seem to have is that knowledge is distinctively valuable. In his paper 'Radical Scepticism, Epistemic Luck and Epistemic Value', Duncan Pritchard rejects the virtue-theoretic explanation of this intuition. This explanation says that knowledge is distinctively valuable because it is a cognitive achievement. It is maintained, in the first place, that the arguments Pritchard musters against the thesis that knowledge is a cognitive achievement are unconvincing. It is argued, in the second place, that even if the (...) arguments against the thesis that knowledge is a cognitive achievement were convincing, there is another explanation of the intuition that knowledge has final value available: the question-relative treatment of knowledge. (shrink)

In late antiquity, logic developed into what Ebbesen calls the LAS, the Late Ancient Standard. This paper discusses the Neoplatonic use of LAS, as informed by epistemological and metaphysical concerns. It demonstrates this through an analysis of the late ancient debate about hypothetical and categorical logic as manifest in the practice of syllogizing Platonic dialogues. After an introduction of the Middle Platonist view on Platonic syllogistic as present in Alcinous, this paper presents an overview of its application in the syllogizing (...) practice of Proclus and others. That overview shows that the two types were considered two sides of the same coin, to be used for the appropriate occasions, and both relying on the methods of dialectic as revealing the structure of knowledge and reality. Pragmatics, dialectic, and didactic choices determine which type or combination is selected in syllogizing Plato. So even though there is no specific Neoplatonic logic, there is a specific Neoplatonic use of LAS. (shrink)

The principle of philosophy, Schelling declares in his 1810 Stuttgarter Privatvorlesungen, is the Absolute or God.1 The terms are brought into close yet ambiguous proximity by this assertion. Yet how are we to think them together? It is far from clear just how the Absolute—the abstract, universal, all-encompassing name Idealism gives to what, most fundamentally, there is—and God, a name with a rather longer life story, are to be related. Are we to take it that the Absolute and God are (...) to be baldly equated? That the one is a mere term of convenience properly understood in the light of the other? That the one is a supplement or corrective that the other is in need of? And who would be the arbiter of... (shrink)

While Minsky’s work is often identified with the critique of financial speculation, this paper argues that there is a different side to his work. We argue that Minsky can be read as offering a post-foundational perspective on political economy that recognizes the speculative dimension of all economic activity. This post-foundational reading allows for an understanding of neoliberal policymaking in terms of the provision of liquidity to too-big-to-fail constituencies. The article discusses how some segments of Western societies have been able to (...) participate in the inflationary logic of this too-big-to-fail dynamic, whereas others are locked out and face increasingly tight liquidity constraints. This differential access to liquidity is an increasingly central aspect of the stratifying rationality of contemporary capitalism. By connecting Minsky’s insights into the temporal logic of capital to key issues in social theory, the article presents a new theorization of (il)liquid life that advances on extant accounts. (shrink)

This article engages with current discussions on the politics of aesthetics to theorize the role of popular art in reproducing or contesting urban orders. Specifically, we engage with scholars who have taken up the work of Jacques Rancière to understand how power structures are normalized through ‘the distribution of the sensible’. Building on and critically engaging with debates on the ‘post-political city’, we suggest that all too often scholars fall back on a binary, state-centric approach that depicts non-state popular aesthetics (...) as either revolutionary and disruptive, or as indicative of an alternative form of oppression. Drawing on our work in Kingston, Jamaica, and Rio de Janeiro, Brazil, we argue that sensorial-political, art-based urban struggles shape multiple urban orders that are distinct but not necessarily antagonistic. Applying Stuart Hall’s work on popular culture to contexts of criminal governance, we show how art is often simultaneously supportive and disruptive of urban orders. (shrink)