This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over other such (...) systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)

In a legal expert system based on CBR (Case-Based Reasoning), legal statute rules are interpreted on the basis of precedents. This interpretation, because of its vagueness and uncertainty of the interpretation cannot be handled with the means used for crisp cases. In our legal expert system, on the basis of the facts of precedents, the statute rule is interpreted as a form of case rule, the application of which involves the concepts of membership and vagueness. The case rule is stored (...) in a data base by means of fuzzy frames. The inference based on a case rule is made by fuzzy YES and fuzzy NO, and the degree of similarity of cases. The system proposed here will be used for legal education; its main area of application is contract, especially in relation to the United Nations Convention on Contracts for the International Sale of Goods (CISG). (shrink)

This paper offers an explanation of how collaboration leads to abstract and flexible problem solving. We asked the individual and paired subjects to indicate 3/4 of 2/3 of the area of a square sheet of paper and found that (1) they primarily folded or partitioned the paper rather than algorithmically calculating the answer, (2) they strongly tendened to backtrack and confirm their proto‐plans on externalized traces such as creases on the paper, and (3) only the paired subjects shifted to the (...) mathematical strategy in their second trials. Based on these results, we propose that two factors, individuals' activeness in choosing and confirming the initial strategies and the frequent role exchange between task‐doing and monitoring in collaborative situations, interact in collaboration to generate various solutions differing in the degree of abstraction, which are then reflected upon by the participants to lead them to abstraction. (shrink)

中世から近世に移るカオスの中で人びとはどのように生き、社会の中で思想を形成していったか。本書はそこにみられる、近代が切り捨ててきた、人と人とのつながりを真摯に追求する。.

"Tanabe's agenda was not religious but philosophical in that he tried to integrate Eastern and Western insights in order to acquire a cross-cultural philosophical vision for the post-war world community.... This book shows his superior philosophical originality.... It is high time that Tanabe's thought should be introduced to the West."—Joseph Kitagawa, University of Chicago.

dai 1-kan. Ōgi ; Matsuri no genri -- dai 2-kan. Nihon kodai jujutsu ; Kakusareta kamigami -- dai 3-kan. Inʼyō gogyō shisō kara mita Nihon no matsuri -- dai 4-kan. Hebi ; Kitsune -- dai 5-kan. Nihonjin no shiseikan ; Inʼyō gogyō to Nihon no minzoku -- dai 6-kan. Eki to Nihon no saishi ; Inʼyō gogyō to jidō saishi -- dai 7-kan. Daijōsai ; Jitō Tennō -- dai 8-kan. Yama no kami ; Kamigami no tanjō -- dai 9-kan. Gogyō (...) junkan ; Jūnishi -- dai 10-kan. Daruma no minzokugaku ; In'yo gogyō to Nihon no tennō -- dai 11-kan. Eki, gogyō to Genji no sekai ; In'yo gogyō to Nihon no bunka -- dai 12-kan. Kodai Nihon no josei tennō ; Zassan. (shrink)

1. Tōzai bunka no kōryū -- 2. Shōtoku Taishi -- 3. Kinsei Nihon no hihanteki seishin -- 4. Nihon shūkyō no kindaisei.

Classically, weak König's lemma and Brouwer's fan theorem for detachable bars are equivalent. We give a direct constructive proof that the former implies the latter.

This article introduces English translations of Tanabe’s two essays entitled “Moral Freedom” and “On Moral Freedom Revisited.” In these essays, Tanabe tries to understand the unity of the contradictory division between freedom and necessity, while remaining truthful to the moral experience. Freedom is ultimately characterized as ideality that we ought to realize in reality, while the stage of religion constitutes the ultimate end of such moral struggles. Tanabe does not clearly work out how the continuity of the freedom-necessity discontinuity is (...) possible in these essays. Nevertheless, we can gain insight into the early stages of Tanabe’s practical metaphysics that culminate in his mature works on the philosophy of religion. The translators’ introduction will highlight these points and also provide a brief description of the historical background in which the publication of these texts took place in 1917. (shrink)

This paper presents the first English translation of one of Tanabe’s early essays on Kant. Tanabe marks the occasion of the first translation of the Critique of Practical Reason into Japanese by providing his reflections on Kant’s theory of freedom in this essay. This creative essay by Tanabe represents the hallmark Kyoto School interpretation of Kant. Tanabe weaves his account of Kant with elements from other philosophers in an attempt to think systematically about the nature of freedom. He agrees with (...) Kant that morality itself “rises and falls” with the idea of freedom; however, Tanabe also tries to rescue some of the pitfalls he sees in Kant’s theory by reconstructing Kant’s account. In this brief, but rich essay, Tanabe unfolds one of the more creative aspects of his philosophy through Kant. (shrink)