"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

The order in which Plato’s thoughts follow upon one another in the Republic is logical, but the dramatic or the picturesque medium through which he is constantly presenting his ideas disguises the logical structure of the work.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Skeptische Philosophie versteht sich seit ihren Anfängen in der Antike mehr als kritische Denkmethode denn als dogmatisches System. Aus dieser genuin philosophischen Einsicht leitet der englische Philosoph Anthony Ashley Cooper, Third Earl of Shaftesbury (1671-1713), ein Skepsiskonzept im dialogisch-toleranten Sinne ab und rehabilitiert die skeptische Methode als kritisches und progressives Moment von Aufklärung. Diese Studie ist eine umfassende Analyse der Schriften Shaftesburys, wobei der Begriff einer dialogischen Skepsis im Vordergrund steht. Der Skepsisbegriff des englischen Philosophen wird aus der sokratischen Tradition (...) abgeleitet, begriffsgeschichtlich als konstitutives Element in die Theorie von Aufklärung eingebunden und im Hinblick auf die Weiterentwicklung zum Kritizismus und Ethikkonzept Kants analysiert. (shrink)

A brilliant collection of short essays on literary subjects--e.g. Beckett, Balzac, Proust, Thomas Mann, Dickens, Goethe, Heine, the lyric, realism, the essay, and the contemporary novel--by the great social theorist (1903-1969), originally published in 1958 as Noten zur literature (Suhrkamp Verlag, Frankfurt am Main), and here translated by Adorno's former student, Shierry Weber Nicholsen. Annotation copyrighted by Book News, Inc., Portland, OR.

Abduction is considered the most powerful, but also the most controversially discussed type of inference. Based on an analysis of Peirce’s retroduction, Lipton’s Inference to the Best Explanation and other theories, a new theory of abduction is proposed. It considers abduction not as intrinsically explanatory but as intrinsically conditional: for a given fact, abduction allows one to infer a fact that implies it. There are three types of abduction: Selective abduction selects an already known conditional whose consequent is the given (...) fact and infers that its antecedent is true. Conditional-creative abduction creates a new conditional in which the given fact is the consequent and a defined fact is the antecedent that implies the given fact. Propositional-conditional-creative abduction assumes that the given fact is implied by a hitherto undefined fact and thus creates a new conditional with a new proposition as antecedent. The execution of abductive inferences is specified by theory-specific patterns. Each pattern consists of a set of rules for both generating and justifying abductive conclusions and covers the complete inference process. Consequently, abductive inferences can be formalised iff the whole pattern can be formalised. The empirical consistency of the proposed theory is demonstrated by a case study of Semmelweis' research on puerperal fever. (shrink)

Gegenstand der Nikomachischen Ethik (ca. 335-323 v. Chr.) ist das >tätige Leben.

The book series Linguistische Arbeiten (LA) publishes high-quality work in linguistics that addresses current issues in synchrony and diachrony, theoretically or empirically oriented.

Statements of the form ''Osorno is in Chile'' were presented in colors that made them easy or difficult to read against a white background and participants judged the truth of the statement. Moderately visible statements were judged as true at chance level, whereas highly visible statements were judged as true significantly above chance level. We conclude that perceptual fluency affects judgments of truth.

We provide first-order axioms for the theories of finite trees with bounded branching and finite trees with arbitrary (finite) branching. The signature is chosen to express, in a natural way, those properties of trees most relevant to linguistic theories. These axioms provide a foundation for results in linguistics that are based on reasoning formally about such properties. We include some observations on the expressive power of these theories relative to traditional language complexity classes.

- This book pursues an in-depth discussion between Eckhart's mysticism and Henry’s radical or material phenomenology of life.

A brilliant collection of short essays on literary subjects e.g. Beckett, Balzac, Proust, Thomas Mann, Dickens, Goethe, Heine, the lyric, realism, the essay, and the contemporary novel by the great social theorist (1903-1969), originally published in 1958 as Noten zur literature (Suhrkamp Verlag, F.

The author, a noted literary critic, presents a selection of his thought on Balzac, Valery, Dickens, Goethe, Heine, Hoelderlin, lyric poetry, realism, the essay and the contemporary novel.

The book is based on documentary and biographical materials that have only recently become available.