This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implications of current discussions on the changing task of the administrative judge may be- come manifest in the judge’s strate- gic manoeuvring by means of the presentation of argumentation and the introduction of additional stand- points. The (...) case study of Dutch administrative law serves to demon- strate what consequences changing institutional demands may have for the starting points of the analysis of argumentation in judicial decisions. (shrink)

Although the genetic argument is a widely used interpretative argument, what it amounts to does not seem to be altogether clear. Basic forms of the genetic argument that are distinguished are often too rough to provide an adequate basis for the evaluation of an interpretative decision. In this article I attempt to provide a more detailed analysis of the genetic argument by making use of pragma-dialectical insights. The analysis clarifies the character and the structure of different forms of the genetic (...) argument and thus the elements that are relevant for the evaluation of the argument.*. (shrink)

The question as to whether or not an argument isadditional may be decisive in the evaluation ofjudicial decisions. It is, however, often difficult todistinguish between arguments that are additional(obiter dicta) and arguments that are not (ratio decidendi). This paper will focus on twoproblems concerning this distinction: thecharacterization of obiter dicta and theiridentification. A pragma-dialectical approach toargumentation will be the framework in which theseproblems will be addressed. Its insights intodialogical aspects of argumentation will be used tocharacterize obiter dicta. And its assessment (...) oflinguistic clues for the recognition of argumentationstructures will be used for the identification ofobiter dicta. Problems related to the identificationof obiter dicta will be illustrated through ananalysis of decisions in which the expressions anyway, for that matter and if onlybecause are considered as indicative of obiter dicta. (shrink)

Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.

I briefly sketch a notion of generic phenomenology, and what I call the wave-collapse illusion to the effect that transitions from generic to detailed phenomenology are not noticed as phenomenal changes. Change blindness and inattentional blindness can be analyzed as cases where certain things are phenomenally present, but generically so.

We argue that it is most rational for God, given God's character and policies, to adopt an open-door policy towards those in hell – making it possible for those in hell to escape. We argue that such a policy towards the residents of hell should issue from God's character and motivational states. In particular, God's parental love ought to motivate God to extend the provision for reconciliation with Him for an infinite amount of time.

''The authors' style is clear, making the book accessible to newcomers, and the illustrations are excellent. There can be no doubt that this book will remain the standard work in the subject, and it will appeal to readers of all types.'' -Sir Patrick Moore in the Times Higher Education Supplement ''It will surely be the standard work on the subject for many years to come and we await with interest the outcome of further research into this fascinating subject.'' -Society for (...) the History of AstronomyFor thousands of years, one scientific puzzle has fascinated and perplexed the greatest philosophers, mathematicians, physicists, and psychologists - why do the moon and sun appear so much larger on the horizon than when high up in the sky? Now, two leading psychologists have provided a compelling account of this fascinating illusion. Taking us through the history, the characters involved, the attempts made to explain the illusion, through to modern day studies of visual perception, the book is the most comprehensive account of this puzzle so far. This is a work which will remain, for some time to come, the definitive book on a mystery that has fascinated and tested the greatest minds throughout the ages. Accessibly written, it will appeal to readers of popular science, along with those within the disciplines of psychology, mathematics, astronomy, and philosophy, from undergraduate upwards. (shrink)

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that given God’s just and loving character it would be most rational for God to maintain an open door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with God. In this paper we reply to two recent objections to our original paper. The (...) first is an argument from religious luck offered by Rusty Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labeled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan. (shrink)

The case is discussed for the doctrine of hell as posing a unique problem of evil for adherents to the Abrahamic religions who endorse traditional theism. The problem is particularly acute for those who accept retributivist formulations of the doctrine of hell according to which hell is everlasting punishment for failing to satisfy some requirement. Alternatives to retributivism are discussed, including the unique difficulties that each one faces.

Completing the translation of Derrida's monumental work _Right to Philosophy_, _Eyes of the University_ brings together many of the philosopher's most important texts on the university and, more broadly, on the languages and institutions of philosophy. In addition to considerations of the implications for literature and philosophy of French becoming a state language, of Descartes' writing of the _Discourse on Method_ in French, and of Kant's and Schelling's philosophies of the university, the volume reflects on the current state of research (...) and teaching in philosophy and on the question of what Derrida calls a "university responsibility." Examining the political and institutional conditions of philosophy, the essays collected here question the growing tendency to orient research and teaching towards a programmable and profitable end. The volume is therefore invaluable for the light it throws upon an underappreciated aspect of Derrida's own engagement, both philosophical and political, in struggles against the stifling of philosophical research and teaching. As a founding member of the Research Group on the Teaching of Philosophy and as one of the conveners of the Estates General of Philosophy, Derrida was at the forefront of the struggle to preserve and extend the teaching of philosophy as a distinct discipline, in secondary education and beyond, in the face of conservative government education reforms in France. As one of the founders of the Collège International de Philosophie, he worked to provide a space for research in and around philosophy that was not accepted or legitimated in other institutions. Documenting and reflecting upon these engagements, _Eyes of the University_ brings together some of the most important and incisive of Derrida's works. (shrink)

This chapter discusses and revisits the question of anti-Semitism as it emerges especially in the Dialectic of Enlightenment. Dialectic of Enlightenment, then, articulates the history of figuration in which domination takes place, tracing the politicoeconomic forces of fascism and capitalism to a mode of representation that is the condition for their emergence as historical possibilities in the first place. The case of anti-Semitism is exemplary in this history and in the dialectic of individuals and social and cultural forces. As Max (...) Horkheimer and Theodor W. Adorno explain, anti-Semitism condemns individuals as Jews, in effect denying them their individuality, and yet condemns Jews because of their individuality or particularity. The potential for freedom from anti-Semitism thus lies in a strategic deployment of the position of this particularity. (shrink)

Werner Hamacher, one of the most important and original theorists working in literary criticism and continental philosophy, explores topics at the intersection of philosophy, literary studies and politics.

This is the first authoritative, book-length study of what Heidegger called "thinking poetics." _That Is to Say_ conducts its analysis of Heideggerian poetics by expounding the sense of language from the perspective of fundamental ontology. This project is carried out in readings of the pertinent chapters of _Being and Time_, the lectures on Hölderlin, "The Origin of the Work of Art," and _On the Way to Language_. The book is guided by a question that no other writer on Heidegger has (...) yet asked: Why should _poiesis_ provide a privileged access to the specificity of the poetic? With this question guiding his quite unorthodox analyses of Heidegger's texts on poetics and the work of art, the author sheds new light on every aspect of Heidegger's philosophy. The analyses devoted to Heidegger's idea of a proximity between thinking and poetry, his conception of Hölderlin as _the_ poet, of poetic experience, and of the privilege he accords the name reveal a series of presuppositions and necessary assumptions in Heidegger's conception of poetry that not only remain unthought by Heidegger himself, but that, strictly speaking, cannot be thought in terms of what Heidegger understood by thinking. _That Is to Say_ points to the limits of poetics with regard to the work of art, and in particular the literary work. In doing so, it gestures toward new ways of doing justice to the literary and to art in general. (shrink)

This volume reflects Jacques Derrida's engagement in the late 1970s with French political debates on the teaching of philosophy and the reform of the French university system. He was a founding member of the Research Group on the Teaching of Philosophy, an activist group that mobilized opposition to the Giscard government's proposals to "rationalize" the French educational system in 1975, and a convener of the Estates General of Philosophy, a vast gathering in 1979 of educators from across France. While addressing (...) specific contemporary political issues on occasion, thus providing insight into the pragmatic deployment of deconstructive analysis, the essays deal mainly with much broader concerns. With his typical rigor and spark, Derrida investigates the genealogy of several central concepts which any debate about teaching and the university must confront. Thus there are essays on the "teaching body," both the faculty _corps_ and the strange interplay in the French tradition between the mind and body of the professor; on the question of age in teaching, analyzed through a famous letter of Hegel; on the class, the classroom, and the socio-economic concept of class in education; on language, especially so-called "natural languages" like French; and on the legacy of the revolutionary tradition, the Estates General, in the university. The essays are linked by the extraordinary care and precision with which Derrida undertakes a political intervention into, and a philosophical analysis of, the institutionalization of philosophy in the university. (shrink)

: As clinicians, researchers, bioethicists, and members of society, we face a number of moral dilemmas concerning randomized clinical trials. How we manage the starting and stopping of such trials—how we conceptualize what evidence is sufficient for these decisions—has implications for both our obligations to trial participants and for the nature and security of the resultant medical knowledge. One view of how this is to be done, "clinical equipoise," recently has been given an extended defense by Paul Miller and Charles (...) Weijer in their article "Rehabilitating Equipoise." The present paper critiques this position and Miller and Weijer's defense of it. I argue that their attempted rehabilitation fails. Their analysis suffers from a number of confusions, as well as a failure to make crucial distinctions, adequately to clarify key concepts, or to think through exactly what needs to be established to justify their claim. We are left with little reason to uphold the clinical equipoise criterion. (shrink)

La intención de este artículo es destacar la importancia de Cervantes en Aranguren. El filósofo español interpreta el pensamiento del Quijote centrándose en la relevancia del héroe y su importancia para la moral, como una referencia crítica y ejemplar en tiempos de crisis y desánimo como los de Cervantes y los nuestros.

José L. Zalabardo puts forward a new interpretation of central ideas in Wittgenstein's Tractatus Logico-Philosophicus concerning the structure of reality and our representations of it in thought and language. He presents the picture theory of propositional representation as Wittgenstein's solution to the problems that he had found in Bertrand Russell's theories of judgment. Zalabardo then attributes to Wittgenstein the view that facts and propositions are ultimate indivisible units, not the result of combining their constituents. This is Wittgenstein's solution to (...) the problem of the unity of facts and propositions. Finally, Zalabardo shows that Wittgenstein's views on the analysability of everyday propositions as truth functions of elementary propositions arise from his views on the epistemology of logic: this offers a new perspective on the nature of Tractarian analysis. (shrink)

El ensayo busca fundamentar la vigencia del concepto martiano de Nuestra América y del proyecto de sociedad y de pensamiento que este entraña. Se realiza un análisis comparativo de la idea compartida por Hegel y Martí sobre la centralidad que pueden asumir ciertos pueblos en la Historia y el diferente papel que cada uno le asigna a América en el concierto universal de naciones. Se analiza la posibilidad de que sea por fin el XXI el siglo de Nuestra América, los (...) elementos que confirman el inicio de su realización y los retos y peligros que la consumación de esa posibilidad enfrenta. (shrink)

Paulo Margutti e José Crisóstomo discutem sobre a possiblidade ou a impossibilidade de ultrapassar o representacionismo correspondentista e principalmente o eventual linguocentrismo da filosofia contemporânea, pós-virada linguística, em que parece que da linguagem pode-se passar apenas à linguagem, a cujo círculo mágico estaríamos, desse modo, inevitavelmente presos. Sendo assim, o mundo “aí fora” novamente nos escapa e o relativismo, o agnosticismo e o ceticismo de novo nos espreitam. Em Nietzsche, é a linguagem, sempre metafórica, que se adéqua aos nossos (...) modos prático-perspectivistas, corpóreos e afetivos, de “recortar” o mundo, ou é o contrário? E em Maturana, o que vem primeiro? Para Crisóstomo, para quem no começo está o ato, ultrapassamos tudo isso através de nosso emaranhamento prático com o mundo, por meio da natureza sensível criativa de nossas práticas e pela tradução de crenças em condutas. Enquanto que, para Margutti, nada disso parece deslocar a primazia incontornável da linguagem, como prática ela própria. Sobre isso, Margutti pergunta pelo suposto aproveitamento, por Crisóstomo, no seu ponto de vista prático-poiético criativo, em versão alegadamente não idealista nem dualista, da noção de autoconsciência, central no idealismo alemão. (shrink)

The progress of Mathematics during the nineteenth century was characterised both by an enormous acquisition of new knowledge and by the attempts to introduce rigour in reasoning patterns and mathematical writing. Cauchy’s presentation of Mathematical Analysis was not immediately accepted, and many writers, though aware of that new style, did not use it in their own mathematical production. This paper is devoted to an episode of this sort that took place in Spain during the first half of the century: It (...) deals with the presentation of a method for numerically solving algebraic equations by José Mariano Vallejo, a late Spanish follower of the Enlightenment ideas, politician, writer, and mathematician who published it in the fourth edition of his book Compendio de Matemáticas Puras y Mistas, claiming to have discovered it on his own. Vallejo’s main achievement was to write down the whole procedure in a very careful way taking into account the different types of roots, although he paid little attention to questions such as convergence checks and the fulfilment of the hypotheses of Rolle’s Theorem. For sure this lack of mathematical care prevented Vallejo to occupy a place among the forerunners of Computational Algebra. (shrink)

José Luis Bermúdez introduces the philosophy of psychology as an interdisciplinary exploration of the nature and mechanisms of cognition. _Philosophy of Psychology_ charts out four influential 'pictures of the mind' and uses them to explore central topics in the philosophical foundations of psychology, including the relation between different levels of studying the mind/brain; the nature and scope of psychological explanation; the architecture of cognition; and the relation between thought and language. Chapters cover all the core concepts, including: models of (...) psychological explanation the nature of commonsense psychology arguments for the autonomy of psychology functionalist approaches to cognition computational models of the mind neural network modeling rationality and mental causation perception, action and cognition the language of thought and the architecture of cognition. _Philosophy of Psychology: A Contemporary Introduction_ is a very clear and well-structured textbook from one of the leaders in the field. (shrink)

Este libro nos presenta un «Ortega desde dentro», es decir, no como él había observado a Goethe, con catalejo, sino reconstruido a base de sus testimonios personales esparcidos en artículos, libros, cartas, clases y conferencias, a los que habría que sumar los que sobre él dejaron familiares, colaboradores, discípulos, amigos y enemigos. Estamos pues ante una biografía con ropaje autobiográfico, no sólo de su persona, sino también de su obra, íntimamente unidas a la España de la primera mitad del siglo (...) xx, a la que quiso guiar bajo los más diversos regímenes antes de ser arrastrado por su tragedia como nación. En cierto modo, es la historia de un amor imposible, porque la España que soñó no existía y puede que ni siquiera llegue a existir. Sin embargo y paradójicamente, también es la historia de cómo Ortega, al iluminar sus carencias, logró dejar su impronta en ella. (shrink)

El ensayo busca fundamentar la vigencia del concepto martiano de Nuestra América y del proyecto de sociedad y de pensamiento que este entraña. Se realiza un análisis comparativo de la idea compartida por Hegel y Martí sobre la centralidad que pueden asumir ciertos pueblos en la Historia y el diferente papel que cada uno le asigna a América en el concierto universal de naciones. Se analiza la posibilidad de que sea por fin el XXI el siglo de Nuestra América, los (...) elementos que confirman el inicio de su realización y los retos y peligros que la consumación de esa posibilidad enfrenta. (shrink)