Inleidend studieboek op universitair niveau over de Nederlandse rechtswetenschap.

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...) theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que brindan a las minorías y su función de asegurar derechos fundamentales; sin embargo, (...) también han sido criticadas por ser consideradas moral y políticamente refutables. El autor responde a las objeciones más serias de los críticos y ofrece algunas razones para adoptar un marco alternativo, de acuerdo al cual, las cartas no aspiran a establecer puntos de acuerdo y compromisos previos. (shrink)

There exist important deductive systems, such as the non-normal modal logics, that are not proper subjects of classical algebraic logic in the sense that their metatheory cannot be reduced to the equational metatheory of any particular class of algebras. Nevertheless, most of these systems are amenable to the methods of universal algebra when applied to the matrix models of the system. In the present paper we consider a wide class of deductive systems of this kind called protoalgebraic logics. These include (...) almost all (non-pathological) systems of prepositional logic that have occurred in the literature. The relationship between the metatheory of a protoalgebraic logic and its matrix models is studied. The following results are obtained for any finite matrix model U of a filter-distributive protoalgebraic logic : (I) The extension U of is finitely axiomatized (provided has only finitely many inference rules); (II) U has only finitely many extensions. (shrink)

What precisely, W. J. T. Mitchell asks, are pictures (and theories of pictures) doing now, in the late twentieth century, when the power of the visual is said to be greater than ever before, and the "pictorial turn" supplants the "linguistic turn" in the study of culture? This book by one of America's leading theorists of visual representation offers a rich account of the interplay between the visible and the readable across culture, from literature to visual art to the mass (...) media. (shrink)

W. J. Mander presents the first ever synoptic history of British Idealism, the school of thought which dominated English-language philosophy from the 1860s to the early 20th century. He restores to its proper place this neglected period of philosophy, introducing the exponents of Idealism and explaining its distinctive concepts and doctrines.

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...) removed from their various contexts of use and subjected to abstract philosophical definition and analysis. Second, when analyzing assertions in which such words figure in both legal practice and theory, it is crucial to bear in mind the different functions these assertions can be made to serve and the different purposes to which they can be putResumen:En este ensayo el autor defiende a H. L. A. Hart de dos críticas recurrentes a su teoría de las normas sociales y a las obligaciones que regularmente acompañan a estas normas. Ambas críticas, sostiene el autor, descansan sobre malos entendidos o caracterizaciones equivocadas de lo que Hart en realidad se propuso. Estos malentendidos son explicados plausiblemente a través de la falta de capacidad de los críticos de apreciar plenamente dos de las valiosas lecciones que Hart deseaba expresar en su lectura inaugural. En primer lugar, palabras como “norma” y “obligación” no deberían ser sacadas de sus distintos contextos de uso para someterlas a definiciones abstractas y al análisis filosófico. En segundo lugar, cuando se analizan enunciados en los cuales figuran tales palabras, tanto en la teoría como en la práctica del derecho, resulta primordial tener en mente las diversas funciones que esos enunciados puedan tener y los diferentes propósitos para los cuáles esos enunciados fueron proferidos. (shrink)

Most of what has been written about Buber and education tend to be studies of two kinds: theoretical studies of his philosophical views on education, and specific case studies that aim at putting theory into practice. The perspective taken has always been to hold a dialogue with Buber's works in order to identify and analyse critically Buber's views and, in some cases, to put them into practice; that is, commentators dialogue with the text. In this article our aims are of (...) a different kind. First and fundamentally, we demonstrate the political and social ontological basis of Buber's thought; that is, we show that Buber, the philosopher of dialogue, held an authentic dialogue with his time, and demonstrate that Buber's work, in this case I and Thou, holds a dialogue with its Zeitgeist; that is the text dialogues with its Zeitgeist. This approach leads us to our second aim, which is to demonstrate that Buber's thought remains relevant to our times, particularly when it serves as a dialogical educational tool with which to resolve conflict of all types and to aid dialogue towards peace in inter-community relations. (shrink)

"[Mitchell] undertakes to explore the nature of images by comparing them with words, or, more precisely, by looking at them from the viewpoint of verbal language.... The most lucid exposition of the subject I have ever read."—Rudolf Arnheim, _Times Literary Supplement_.

An attempt top reconcile Dworkin with Hart's legal positivism.

This paper is based on Lectures 1, 2 and 4 in the series of ten lectures titled “Algebraic Structures for Logic” that Professor Blok and I presented at the Twenty Third Holiday Mathematics Symposium held at New Mexico State University in Las Cruces, New Mexico, January 8-12, 1999. These three lectures presented a new approach to the algebraization of deductive systems, and after the symposium we made plans to publish a joint paper, to be written by Blok, further developing these (...) ideas. That project was still incomplete when Blok died. In fact, there is no indication that he had prepared a draft of the paper, and we do not know what new material he intended to include. I am therefore not in a position to complete the project as he had envisioned it. So, I have settled for the more limited objective of presenting the material from the three lectures, leaving to others the task of adapting the techniques used there to more general situations. (shrink)

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

Modal logics are studied in their algebraic disguise of varieties of so-called modal algebras. This enables us to apply strong results of a universal algebraic nature, notably those obtained by B. Jonsson. It is shown that the degree of incompleteness with respect to Kripke semantics of any modal logic containing the axiom □ p → p or containing an axiom of the form $\square^mp \leftrightarrow\square^{m + 1}p$ for some natural number m is 2 ℵ 0 . Furthermore, we show that (...) there exists an immediate predecessor of classical logic (axiomatized by $p \leftrightarrow \square p$ ) which is not characterized by any finite algebra. The existence of modal logics having 2 ℵ 0 immediate predecessors is established. In contrast with these results we prove that the lattice of extensions of S4 behaves much better: a logic extending S4 is characterized by a finite algebra iff it has finitely many extensions and any such logic has only finitely many immediate predecessors, all of which are characterized by a finite algebra. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

W. J. Mander provides a brief introduction to and critical assessment of the thought of the greatest of the British Idealist philosophers, F. H. Bradley (1846-1924), whose work has been largely neglected in this century. After a general introduction to Bradley's metaphysics and its logical foundations, Mander shows that much of Bradley's philosophy has been seriously misunderstood. Mander argues that any adequate treatment of Bradley's thought must take full account of his unique dual inheritance from the traditions of British empiricism (...) and Hegelian rationalism. The scholarship of recent years is assessed, and new interpretations are offered of Bradley's views about truth, predication, and relations, and of his arguments for idealism. (shrink)

This is the first full assessment of British philosophy in the 19th century. Specially written essays by leading experts explore the work of the key thinkers of this remarkable period in intellectual history, covering logic and scientific method, metaphysics, religion, positivism, the impact of Darwin, and ethical, social, and political theory.

We study modal logics in the setting of varieties of modal algebras. Any variety of modal algebras generated by a finite algebra — such, a variety is called tabular — has only finitely many subvarieties, i.e. is of finite height. The converse does not hold in general. It is shown that the converse does hold in the lattice of varieties of K4-algebras. Hence the lower part of this lattice consists of tabular varieties only. We proceed to show that there is (...) a continuum of pretabular varieties of K4-algebras — those are the non-tabular varieties all of whose proper subvarieties are tabular — in contrast with Maksimova's result that there are only five pretabular varieties of S4-algebras. (shrink)

This paper argues that a strong thesis of divine providence, whereby God is understood as in complete control of all things, entails pantheism, the thesis that the universe is not ontologically distinct from God. In normal discourse, we distinguish a plan from, on the one hand, the state of affairs which realizes that plan—its execution or expression—and, on the other hand, the person or group whose plan it is. However, with respect to an omnipotent God who displays complete providence, neither (...) of these two distinctions holds. We cannot separate person from plan, or plan from world, and in consequence, neither can we separate person from world, ergo pantheism. Accordingly, the argument of this paper comes in two parts maintaining, first, the impossibility of distinguishing between God’s plan and its execution and, second, the impossibility of distinguishing God himself from his plan. (shrink)

Although the notion of spatiality has always lurked in the background of discussions of literary form, the self-conscious use of the term as a critical concept is generally traced to Joseph Frank's seminal essay of 1945, "Spatial Form in Modern Literature."1 Frank's basic argument is that modernist literary works are "spatial" insofar as they replace history and narrative sequence with a sense of mythic simultaneity and disrupt the normal continuities of English prose with disjunctive syntactic arrangements. This argument has been (...) attacked on several fronts. An almost universal objection is that spatial form is a "mere metaphor" which has been given misplaced concreteness and that it denies the essentially temporal nature of literature. Some critics will concede that the metaphor contains a half-truth, but one which is likely to distract attention from more important features of the reading experience. The most polemical attacks have come from those who regard spatial form as an actual, but highly regrettable, characteristic of modern literature and who have linked it with antihistorical and even fascist ideologies.2 Advocates of Frank's position, on the other hand, have generally been content to extrapolate his premises rather than criticize them, and have compiled an ever-mounting list of modernist texts which can be seen, in some sense, as "antitemporal." The whole debate can best be advanced, in my view, not by some patchwork compromise among the conflicting claims but by a radical, even outrageous statement of the basic hypothesis in its most general form. I propose, therefore, that far from being a unique phenomenon of some modern literature, and far from being restricted to the features which Frank identifies in those works , spatial form is a crucial aspect of the experience and interpretation of literature in all ages and cultures. The burden of proof, in other words, is not on Frank to show that some works have spatial form but on his critics to provide an example of any work that does not. · 1. Frank's essay first appeared in Sewanee Review 53 and was revised in his The Widening Gyre . Frank's basic argument has not changed essentially even in his most avante-garde statements; he still regards spatial form "as a particular phenomenon of modern avante-garde writing." See "Spatial Form: An Answer to Critics," Critical Inquiry 4 : 231-52. A useful bibliography, "Space and Spatial Form in Narrative," is being complied by Jeffrey Smitten .· 2. This charge generally links the notion of spatial form with Wyndham Lewis and Ezra Pound, the imagist movement, the "irrationality" and pessimistic antihistoricism of modernism, and the conservative Romantic tradition. Frank discusses the complex motives behind these associations in the work of Robert Weimann and Frank Kermode in his "Answer to Critics," pp. 238-48. W. J. T. Mitchell, editor of Critical Inquiry, is the author of Blake's Composite Art, and The Last Dinosaur Book: The Life and Times of a Cultural Icon. The present essay is part of Iconology: The Image in Literature and the Visual Arts. "Diagrammatology" appeared in the Spring 1981 issue of Critical Inquiry. Leon Surette responds to the current essay in "‘Rational Form in Literature’". (shrink)