Fábio Alves dos Santos (1954-2013) cursou Pedagogia, Ciências Sociais e Teologia, era Especialista em Filosofia da Religião (PUC Minas), Advogado (PUC Minas) e Mestre em Direito Constitucional (UFMG). Lecionou na PUC Minas como professor de Cultura Religiosa e depois como professor no Curso de Direito, atuando principalmente no Serviço de Assistência Judiciária – SAJ, especialmente cuidado de causas populares como as da ASMARE (Associação dos Catadores de Papel, Papelão e Material Reaproveitável de Belo Horizonte), da Pastoral de Rua, da Pastoral (...) Carcerária, de movimentos de “Sem Casa”, de ocupações e tantos outros grupos. Fábio sofria de grave problema de visão há mais de 15 anos. Quase ficou cego depois de diversas cirurgias de miopia. Isso, porém, não o impedia de seguir seu constante compromisso com as lutas populares. Na última entrevista que concedeu, menos de um mês antes de sua morte (19 de outubro de 2013), depois de duro sofrimento de quase dois anos, no tratamento de um câncer no pâncreas, conta um pouco de sua vida, sua luta e sua percepção de várias realidades, especialmente da Igreja e da pastoral. Militante formado na Teologia da Libertação, de profunda espiritualidade, marcada por traços da religiosidade popular nordestina e comprometida com a libertação, Fábio Alves também buscou em sua vida abrir-se à teologia do pluralismo religioso, especialmente com o Santo Daime, em cuja tradição religiosa chegou a ser “fardado”, mantendo uma profunda atitude espiritual aberta ao diálogo inter-religioso. Sua primeira publicação foi “Começo de mundo novo: sofrimento, luta e vitória dos posseiros de Santana dos Frades”, Sergipe, numa versão popular em 1981 e outra pela Editora Vozes (1990). Fruto de sua dissertação de mestrado, publicou o livro “Direito Agrário: política fundiária no Brasil (1995). Em 2001 saiu seu último livro, uma coletânea de artigos publicados em diversos jornais: “Em defesa da vida”. Num artigo em Horizonte (2004), juntamente com o advogado, amigo e colega Prof. Cristiano de Melo Bastos, discutiu “A prática jurídica na missão da PUC Minas”. Palavras-chave : Teologia da Libertação. Militância. Igreja Católica. Pastoral. Lutas populares. (shrink)
In a recent article, P. Roger Turner and Justin Capes argue that no one is, or ever was, even partly morally responsible for certain world-indexed truths. Here we present our reasons for thinking that their argument is unsound: It depends on the premise that possible worlds are maximally consistent states of affairs, which is, under plausible assumptions concerning states of affairs, demonstrably false. Our argument to show this is based on Bertrand Russell’s original ‘paradox of propositions’. We should then opt (...) for a different approach to explain world-indexed truths whose upshot is that we may be (at least partly) morally responsible for some of them. The result to the effect that there are no maximally consistent states of affairs is independently interesting though, since this notion motivates an account of the nature of possible worlds in the metaphysics of modality. We also register in this article, independently of our response to Turner and Capes, and in the spirit of Russell’s aforementioned paradox and many other versions thereof, a proof of the claim that there is no set of all true propositions one can render false. (shrink)
In a recent paper, Pruss proves the validity of the rule beta-2 relative to Lewis’s semantics for counterfactuals, which is a significant step forward in the debate about the consequence argument. Yet, we believe there remain intuitive counter-examples to beta-2 formulated with the actuality operator and rigidified descriptions. We offer a novel and two-dimensional formulation of the Lewisian semantics for counterfactuals and prove the validity of a new transfer rule according to which a new version of the consequence argument can (...) be formulated. This new transfer rule is immune to the counter-examples involving the actuality operator and rigidified descriptions. However, we show that counter-examples to this new rule can also be generated, demanding that the Lewisian semantics be generalized for higher dimensions where counter-examples can always be generated. (shrink)
In this paper we present tableau methods for two-dimensional modal logics. Although models for such logics are well known, proof systems remain rather unexplored as most of their developments have been purely axiomatic. The logics herein considered contain first-order quantifiers with identity, and all the formulas in the language are doubly-indexed in the proof systems, with the upper indices intuitively representing the actual or reference worlds, and the lower indices representing worlds of evaluation—first and second dimensions, respectively. The tableaux modulate (...) over different notions of validity such as local, general, and diagonal, besides being general enough for several two-dimensional logics proposed in the literature. We also motivate the introduction of a new operator into two-dimensional languages and explore some of the philosophical questions raised by it concerning the relations there are between actuality, necessity, and the a priori, that seem to undermine traditional intuitive interpretations of two-dimensional operators. (shrink)
We consider a natural-language sentence that cannot be formally represented in a first-order language for epistemic two-dimensional semantics. We also prove this claim in the “Appendix” section. It turns out, however, that the most natural ways to repair the expressive inadequacy of the first-order language render moot the original philosophical motivation of formalizing a priori knowability as necessity along the diagonal.
Several theists, including Linda Zagzebski, have claimed that theism is somehow committed to nonvacuism about counterpossibles. Even though Zagzebski herself has rejected vacuism, she has offered an argument in favour of it, which Edward Wierenga has defended as providing strong support for vacuism that is independent of the orthodox semantics for counterfactuals, mainly developed by David Lewis and Robert Stalnaker. In this paper I show that argument to be sound only relative to the orthodox semantics, which entails vacuism, and give (...) an example of a semantics for counterfactuals countenancing impossible worlds for which it fails. (shrink)
Popular sovereignty requires that citizens perceive themselves as being able to act and implement decisions, and that they are de facto causally connected to mechanisms of decision making. I argue that the two most common understandings of the exercise of popular sovereignty—which center on direct decision making by the people as a whole and the indirect exercise of democratic agency by elected representatives, respectively—are inadequate in this respect, and go on to suggest a complementary account that stresses the central role (...) of internally democratic and participatory political parties in actualising popular sovereignty, drawing on the democratic theory of Hans Kelsen. (shrink)
In risposta all’ipotesi di estendere la categoria del falso valutativo alle motivazioni di una sentenza, l’articolo tenta una ricostruzione critica della progressiva apertura del falso intellettuale ad atti dispositivi e giudizi tecnici, ponendone in evidenza alcune aporie e proponendo specifici temperamenti. Tanto la teoria dei fatti psichici, quanto quella delle attestazioni implicite e del vero legale, nella loro congiunta sovrapposizione alla struttura della fattispecie penale, possono scadere in una violazione del divieto di analogia in materia penale. Il caso da cui (...) parte l’analisi attiene una procedura di selezione per la chiamata di professore universitario di prima fascia e la sentenza del T.A.R. che decide sul ricorso di un candidato. Falsity of the judicial decision. Implicit statements, legal truth and technical judgments. In response to the hypothesis of extending the category of "evaluative" falsehood to the motivations of a judicial decision, the paper attempts a critical reconstruction of the progressive evolution of these crimes in matter of acts of will and technical judgments, highlighting some aporias and proposing some corrections. Both the theory of psychic facts, as well as the theory of implicit attestations and the legal truth, in their joint action, can violate the prohibition of analogical interpretation in criminal matters. The controversial case from which the analysis starts concerns a public competition for a university professorship and the T.A.R.’s judgment that decides on a candidate's appeal. (shrink)
This paper analyzes concepts of independence and assumptions of convexity in the theory of sets of probability distributions. The starting point is Kyburg and Pittarelli’s discussion of “convex Bayesianism” (in particular their proposals concerning E-admissibility, independence, and convexity). The paper offers an organized review of the literature on independence for sets of probability distributions; new results on graphoid properties and on the justification of “strong independence” (using exchangeability) are presented. Finally, the connection between Kyburg and Pittarelli’s results and recent developments (...) on the axiomatization of non-binary preferences, and its impact on “complete” independence, are described. (shrink)
Causal modelling provides a powerful set of tools for identifying causal structure from observed correlations. It is well known that such techniques fail for quantum systems, unless one introduces 'spooky' hidden mechanisms. Whether one can produce a genuinely quantum framework in order to discover causal structure remains an open question. Here we introduce a new framework for quantum causal modelling that allows for the discovery of causal structure. We define quantum analogues for core features of classical causal modelling techniques, including (...) the causal Markov condition and faithfulness. Based on the process matrix formalism, this framework naturally extends to generalised structures with indefinite causal order. (shrink)
This study examines the antecedents of corporate scandals. Corporate scandals are defined as rare events occurring at the apex of corporate fame when managerial fraud suddenly emerges in conjunction with a significant gap between perceived corporate success and actual economic conditions. Previous studies on managerial fraud have examined the antecedents of illegal acts in isolation from strategic decisions and in terms of CEOs’ individual responses to the external context. This study frames the antecedents of corporate scandals in terms of the (...) interplay of CEOs’ personal traits with corporate strategy and stakeholders’ cohesion. With this aim, this study builds on extant theory to examine the case of Banca Popolare di Lodi, an Italian bank involved in a corporate scandal in year 2005. The model contributes to advance understanding of the complex dynamics underlying the emergence of corporate scandals. (shrink)
In the process of scientific discovery, knowledge ampliation is pursued by means of non-deductive inferences. When ampliative reasoning is performed, probabilities cannot be assigned objectively. One of the reasons is that we face the problem of the unconceived alternatives: we are unable to explore the space of all the possible alternatives to a given hypothesis, because we do not know how this space is shaped. So, if we want to adequately account for the process of knowledge ampliation, we need to (...) develop an account of the process of scientific discovery which is not exclusively based on probability calculus. We argue that the analytic view of the method of science advocated by Cellucci is interestingly suited to this goal, since it rests on the concept of plausibility. In this perspective, in order to account for how probabilities are in fact assigned in uncertain contexts and knowledge ampliation is really pursued, we have to take into account plausibility-based considerations. (shrink)
Populist movements have become key players in European politics. These movements are readily criticized by journalists or political rivals, yet none of the common objections to populism seems to arrest their success. This article turns to normative political theory to cultivate sensitivity to problems arising from some existing arguments against populism, and to explore possible alternatives. It offers a critical reading of prototypical liberal and conservative arguments against populism, and proposes that the principles of solidarity and procedure provide good grounds (...) for a sustainable critique of populism. (shrink)
Virtue argumentation theory has been charged of being incomplete, given its alleged inability to account for argument cogency in virtue-theoretical terms. Instead of defending VAT against that challenge, I suggest it is misplaced, since it is based on a premise VAT does not endorse, and raises an issue that most versions of VAT need not consider problematic. This in turn allows distinguishing several varieties of VAT, and clarifying what really matters for them.
Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop normative standards that allow us to distinguish between more and less legitimate forms of populism. The point of this exercise is not to dismiss populism in toto; the article strives for a more subtle result, namely, to show that liberal democracy can accommodate populism provided that the latter conforms to (...) particular discursive norms. What the article calls a ‘liberal ethics of populism’ turns out to be closely bound up with a broader ethics of peoplehood, understood as a way of articulating who ‘the people’ are in a way that is compatible with liberal–democratic principles of political justification. Such an ethics, concludes the article, inevitably has a much wider audience than populist political actors: its addressees are all those who seek legitimately to exercise power in the name of the people. (shrink)
Evolutionary Debunking Arguments are defined as arguments that appeal to the evolutionary genealogy of our beliefs to undermine their justification. Recently, Helen De Cruz and her co-authors supported the view that EDAs are self-defeating: if EDAs claim that human arguments are not justified, because the evolutionary origin of the beliefs which figure in such arguments undermines those beliefs, and EDAs themselves are human arguments, then EDAs are not justified, and we should not accept their conclusions about the fact that human (...) arguments are unjustified. De Cruz's objection to EDAs is similar to the objection raised by Reuben Hersh against the claim that, since by Gödel's second incompleteness theorem the purpose of mathematical logic to give a secure foundation for mathematics cannot be achieved, mathematics cannot be said to be absolutely certain. The response given by Carlo Cellucci to Hersh's objection shows that the claim that by Gödel's results mathematics cannot be said to be absolutely certain is not self-defeating, and can be adopted to show that EDAs are not self-defeating as well in a twofold sense: an argument analogous to Cellucci's one may be developed to face De Cruz's objection, and such argument may be further refined incorporating Cellucci's response itself in it, to make it stronger. This paper aims at showing that the accusation of being self-defeating moved against EDAs is inadequate by elaborating an argument which can be considered an EDA and which can also be shown not to be self-defeating. (shrink)
We present a sound and complete Fitch-style natural deduction system for an S5 modal logic containing an actuality operator, a diagonal necessity operator, and a diagonal possibility operator. The logic is two-dimensional, where we evaluate sentences with respect to both an actual world (first dimension) and a world of evaluation (second dimension). The diagonal necessity operator behaves as a quantifier over every point on the diagonal between actual worlds and worlds of evaluation, while the diagonal possibility quantifies over some point (...) on the diagonal. Thus, they are just like the epistemic operators for apriority and its dual. We take this extension of Fitch’s familiar derivation system to be a very natural one, since the new rules and labeled lines hereby introduced preserve the structure of Fitch’s own rules for the modal case. (shrink)
Richard Feldman’s well-known principle about disagreement and evidence – usually encapsulated in the slogan, ‘evidence of evidence is evidence’, (EEE) – invites the question, what should a rational believer do when faced by such evidence, especially when the disagreement is with an epistemic peer? The question has been the subject of much controversy. However, it has been recently suggested both that the principle is subject to counterexamples and that it is trivial. If either is the case, the question of what (...) to do in the face of evidence of evi- dence becomes less pressing. We contend that even if one or the other of these suggestions is right about (EEE) as a general principle about evidence, they leave it untouched insofar as it plays a role in the debates about the rational way to respond to disagreement and, in particular, to disagreement by an epistemic peer. This is because in such cases the evidence about which one has evidence and which is supposed to provide evidence against one's belief is the mere fact of someone’s disagreeing, rather than something that is related to the content of the proposition about which the parties disagree. We go on to argue that, so understood, the principle is false. (shrink)
In the last decades two different and apparently unrelated lines of research have increasingly connected mathematics and evolutionism. Indeed, on the one hand different attempts to formalize darwinism have been made, while, on the other hand, different attempts to naturalize logic and mathematics have been put forward. Those researches may appear either to be completely distinct or at least in some way convergent. They may in fact both be seen as supporting a naturalistic stance. Evolutionism is indeed crucial for a (...) naturalistic perspective, and formalizing it seems to be a way to strengthen its scientificity. The paper shows that, on the contrary, those directions of research may be seen as conflicting, since the conception of knowledge on which they rest may be undermined by the consequences of accepting an evolutionary perspective. (shrink)
The aim of this paper is to oﬀer an analysis of the notion of artiﬁcial moral agent (AMA) and of its impact on human beings’ self-understanding as moral agents. Firstly, I introduce the topic by presenting what I call the Continuity Approach. Its main claim holds that AMAs and human moral agents exhibit no signiﬁcant qualitative diﬀerence and, therefore, should be considered homogeneous entities. Secondly, I focus on the consequences this approach leads to. In order to do this I take (...) into consideration the work of Bostrom and Dietrich, who have radically assumed this viewpoint and thoroughly explored its implications. Thirdly, I present an alternative approach to AMAs—the Discontinuity Approach—which underscores an essential diﬀerence between human moral agents and AMAs by tackling the matter from another angle. In this section I concentrate on the work of Johnson and Bryson and I highlight the link between their claims and Heidegger’s and Jonas’s sug-gestions concerning the relationship between human beings and technological products. In conclusion I argue that, although the Continuity Approach turns out to be a necessary postulate to the machine ethics project, the Discontinuity Approach highlights a relevant distinction between AMAs and human moral agents. On this account, the Discontinuity Approach generates a clearer understanding of what AMAs are, of how we should face the moral issues they pose, and, ﬁnally, of the diﬀerence that separates machine ethics from moral philosophy. (shrink)
The aim of the study was to evaluate the effectiveness of a media literacy intervention targeting, for the first time, the specific topic of Performance and Appearance Enhancing Substances use in high-school students. Overall, 389 students aged between 13 and 19 years participated to a media literacy intervention while 103 students aged between 14 and 19 year were considered as the control group. In two separate occasions over the course of six consecutive months, students in both groups filled out a (...) set of questionnaires which included measures of social-cognitive beliefs and a self-reported measure of retrospective use of doping and supplements. Compared to students in the control group = 1.96; SD = 0.85; and Mean = 2.09; SD = 0.94), intervention students on average expressed relatively stronger attitudes against doping use over time = 2.2; SD = 0.85; and Mean = 2.05; SD = 0.82). Students in the latter group also showed a statistically significant decrease in self-reported supplement use = 6.7%; Use = 3.8%; p = 0.05, McNemar Test). Interestingly, albeit marginally significant, students in the control group showed a relative increment in the self-reported use of supplements over time = 4.9%; Use = 8.7%; p = 0.22, McNemar Test). Overall, the media literacy intervention investigated in the present study was effective in decreasing adolescent student’s positive attitudes toward doping use and in reducing the use of legal PAES. These findings supported the generalizability and the usefulness of a media literacy approach in the specific field of PAES. (shrink)
Mizrahi’s argument against Stanford’s challenge to scientific realism is analyzed. Mizrahi’s argument is worth of attention for at least two reasons: unlike other criticisms that have been made to Stanford’s view so far, Mizrahi’s argument does not question any specific claim of Stanford’s argument, rather it puts into question the very coherence of Stanford’s position, because it argues that since Stanford’s argument rests on the problem of the unconceived alternatives, Stanford’s argument is self-defeating. Thus, if Mizrahi’s argument is effective in (...) countering Stanford’s view, it may be able to question the validity of other philosophical positions which similarly rest on the problem of the unconceived alternatives; Mizrahi’s argument against Stanford’s view is in part based on the development of a Stanford-like argument for the field of philosophy. This makes Mizrahi’s argument potentially relevant to the metaphilosophical debate. After careful examination, Mizrahi’s argument against Stanford’s instrumentalism is found wanting. Moreover, a Stanford-like argument is developed, which aims at challenging the metaphilosophical stance implied by Mizrahi’s argument against Stanford’s instrumentalism. (shrink)
Enthymemes are traditionally defined as arguments in which some elements are left unstated. It is an empirical fact that enthymemes are both enormously frequent and appropriately understood in everyday argumentation. Why is it so? We outline an answer that dispenses with the so called "principle of charity", which is the standard notion underlying most works on enthymemes. In contrast, we suggest that a different force drives enthymematic argumentation—namely, parsimony, i.e. the tendency to optimize resource consumption, in light of the agent's (...) goals. On this view, the frequent use of enthymemes does not indicate sub-optimal performance of arguers, requiring appeals to charity for their redemption. On the contrary, it is seen as a highly adaptive argumentation strategy, given the need of everyday reasoners to optimize their cognitive resources. Considerations of parsimony also affect enthymeme reconstruction, i.e. the process by which the interpreter makes sense of the speaker's enthymemes. Far from being driven by any pro-social cooperative instinct, interpretative efforts are aimed at extracting valuable information at reasonable costs from available sources. Thus, there is a tension between parsimony and charity, insofar as the former is a non-social constraint for self-regulation of one's behaviour, whereas the latter implies a pro-social attitude. We will argue that some versions of charity are untenable for enthymeme interpretation, while others are compatible with the view defended here, but still require parsimony to expose the ultimate reasons upon which a presumption of fair treatment in enthymeme reconstruction is founded. (shrink)
that wilfrid sellars was a more subtle and sophisticated philosopher than his father, Roy Wood Sellars, is, I believe, a rather uncontroversial assessment, one which, with fatherly pride, Roy1 would most probably have endorsed. Even considering the radical shift in philosophical methods and attitude which took place in the United States in the decades of Wilfrid's philosophically formative years, Wilfrid's unrelenting philosophical acumen and imagination, his unflinching resolve to doggedly pursue a problem on a variety of fronts at once (arguably (...) the cause of his... (shrink)
The idea that an adequate semantics of ordinary language calls for some theory of events has sparked considerable debate among linguists and philosophers. On the one hand, so many linguistic phenomena appear to be explained if (and, according to some authors, only if) we make room for logical forms in which reference to or quantification over events is explicitly featured. Examples include nominalization, adverbial modification, tense and aspect, plurals, and singular causal statements. On the other hand, a number of deep (...) philosophical questions arise as soon as we take events into consideration. Are events entities of a kind? What are their identity and individuation criteria? How does semantic theorizing depend on such metaphysical issues? The aim of this book is to address such issues in some depth, with emphasis precisely on the interplay between linguistic applications and philosophical implications. Contributors: N. Asher, P. M. Bertinetto, J. Brandl, D. Delfitto, R. Eckardt, J. Higginbotham, A. Lenci, T. Parsons, A. ter Meulen, H. Verkuyl. A comprehensive introductory essay (pp. 3-47) is included. (shrink)
This chapter tries to answer the following question: How should we conceive of the method of mathematics, if we take a naturalist stance? The problem arises since mathematical knowledge is regarded as the paradigm of certain knowledge, because mathematics is based on the axiomatic method. Moreover, natural science is deeply mathematized, and science is crucial for any naturalist perspective. But mathematics seems to provide a counterexample both to methodological and ontological naturalism. To face this problem, some authors tried to naturalize (...) mathematics by relying on evolutionism. But several difficulties arise when we try to do this. This chapter suggests that, in order to naturalize mathematics, it is better to take the method of mathematics to be the analytic method, rather than the axiomatic method, and thus conceive of mathematical knowledge as plausible knowledge. (shrink)
What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)
The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema is defended (...) from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque. (shrink)
Althusser’s Machiavelli and Us has often been considered as the French Marxist’s first step on the path beyond Marxism. This article opposes this interpretation by showing that, while Machiavelli helps Althusser to renounce any attempt to deduce a communist political practice from the necessity portrayed by a theory of history, Althusser was mindful not to identify the relationship between the communist party and the masses with the relationship between the Prince and the people. From a Marxist perspective, a communist political (...) practice must further the autonomous political initiatives of the masses that delineate a tendency towards the withering-away of the state and cannot merge with a practice of governing the people. This is why Marxism must not forsake its theory of history but employ it in the process of the subtraction of the party to its becoming-state by detecting the conditions of impossibility of the duration of a communist political practice. (shrink)
This paper expands on the theory of event structures put forward in previous work by further investigating the subtle connections between time and events. Specifically, in the first part we generalize the notion of an event structure to that of a refinement structure, where various degrees of temporal granularity are accommodated. In the second part we investigate how these structures can account for the context-dependence of temporal structures in natural language semantics.
We are used to regarding actions and other events, such as Brutus’ stabbing of Caesar or the sinking of the Titanic, as occupying intervals of some underlying linearly ordered temporal dimension. This attitude is so natural and compelling that one is tempted to disregard the obvious difference between time periods and actual happenings in favor of the former: events become mere “intervals cum description”.1 On the other hand, in ordinary circumstances the point of talking about time is to talk about (...) what actually happens or might happen at some time or another. We talk about ‘now’ and ‘then’ in an effort to put some order in our description of what goes on. And since different events seem to overlap in so many different ways, a full account of their temporal relations seems to run afoul of a reductionist strategy. This raises two philosophical questions. The ﬁrst is whether we can actually go beyond time, as it were, i.e., whether we can take events as bona ﬁde entities and deal with them directly, just as we can deal with spatial entities such as physical bodies or masses without conﬁning ourselves to their spatial representations. This is a controversial issue (though probably not as controversial as it used to be), and ties in with a number of unsettled problems concerning, e.g., the structure of causality or the deﬁnition of adequate identity and individuation criteria for events. 2 The second question is whether we can perhaps do without time, i.e., whether we can dispense with time points or intervals as an independent ontological category and focus only on actual or potential happenings, in opposition to the form of reductionism mentioned above—in short, whether we can account for the temporal dimension in terms of suitable relations among events. This is also a highly controversial issue, and relates to the classical dispute concerning relational vs. absolutist conceptions of (space and) time.3 It is this second question that we intend to focus on here.. (shrink)
Argumentation theorists often disagree about which scheme best represents a given type of argument. Unfortunately, authors sometimes become involved in fruitless pseudo-agreement because they fail to perceive that their supposedly competing schemes are means for achieving different practical or theoretical goals. This paper explains some of the different purposes that an argument scheme may serve, and it indicates how the relevant type of pseudo-disagreement may be avoided.
Anglo-American authors have paid little attention to a subtle distinction that has important jurisprudential implications. It is the distinction between sources of law and the legal norms which can be derived from sources by means of interpretation. The distinction might also be rendered as a threefold one, separating sources of law from legal norms and both of these from that which mediates their relation, namely, methods of legal interpretation. This paper intends to state the “source-norm” distinction clearly and to give (...) examples of jurisprudential insights that are missed, and mistakes that may be made if the distinction is not given its due. (shrink)