Leading scholars address the ethical and practical dimensions of Heidegger's thought.

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

Quand dire, c’est faire... Quand dire le droit, c’est faire justice... Mais quel droit, et quelle justice? Comment saisir le rôle du juge, au terme de décennies d’évolution profonde qui ont entraîné à la fois la transformation de son office et une formidable montée en puissance de ses décisions? François OST, observateur attentif de ces évolutions, tente de répondre à cette question dans la dizaine d’études ici rassemblées, échelonnées sur vingt ans. S’il n’est plus (et n’a jamais été) la simple (...) «bouche de la loi», le juge n’a pas pour autant pris l’ancienne place du législateur au sommet de la pyramide normative. Au carrefour du réseau juridique, régulateur des divers pouvoirs qui s’y exercent, le juge combine les fonctions d’«arbitre» et d’«entraîneur» ; son pouvoir se cherche entre les rôles de Jupiter (l’impérieux), d’Hercule (l’infatigable Providence) et d’Hermès (le communicateur). Le lecteur retrouvera notamment dans cet ouvrage ces typologies devenues incontournables dans le débat sur le rôle et le statut du juge. (shrink)

The fourth volume in the series "Jean-Franðcois Lyotard: Writings on Contemporary Art and Artists" contains 48 texts written by Lyotard between the early seventies and 1998, the year of his death. Nine of these texts are previously unpublished papers on general aesthetics and the theory of art. The remaining 39 essays deal with 27 specific artists: Luciano Berio, Richard Lindner, René Guiffrey, Gianfranco Baruchello, Henri Maccheroni, Riwan Tromeur, Albert Ayme, Manuel Casimiro, Ruth Francken, Barnett Newman, Jean-Luc Parant, François Lapouge, Sam (...) Francis, André Dubreuil, Joseph Kosuth, Sarah Flohr, Lino Centi, Gigliola Fazzini, Bracha Lichtenberger Ettinger, Henri Martin, Michel Bouvet, Corinne Filippi, Stig Brogger, François Rouan, Pierre Skira Pastels, and Béatrice Casadesus. Many of these texts are notes or contributions to catalogues; some were published in now inaccessible journals. (shrink)

Because of its reliance on a basically Aristotelian conception of virtue, contemporary virtue ethics is often criticised for being inherently elitist. I argue that this objection is mistaken. The core of my argument is that we need to take seriously that virtue, according to Aristotle, is something that we acquire gradually, via a developmental process. People are not just stuck with their characters once and for all, but can always aspire to become better (more virtuous). And that is plausibly the (...) basic normative requirement of virtue ethics. Philosophical Papers Vol. 37 (1) 2008: pp. 131-155. (shrink)

The issues addressed in philosophical papers on quotation generally concern only a particular type of quotation, which I call 'closed quotation'. The other main type, 'open quotation', is ignored, and this neglect leads to bad theorizing. Not only is a general theory of quotation out of reach: the specific phenomenon of closed quotation itself cannot be properly understood if it is not appropriately situated within the kind to which it belongs. Once the distinction between open and closed quotation has been (...) drawn and properly appreciated, it is tempting to consider that only closed quotation is relevant to semantics. Open quotation is more a matter of pragmatics: it is a matter of what people do with words, rather than a matter of content and truth-conditions. In this way one can provide the beginning of a justification for the neglect of open quotation in current semantic theorizing. There is some truth in this view, yet the phenomenon of 'mixed quotation', investigated at length in this paper, is interesting precisely because it shows that things are not so simple. Important issues concerning the interface between semantics and pragmatics will thus be raised. (shrink)

In this book two of the leading figures in argumentation theory present a view of argumentation as a means of resolving differences of opinion by testing the acceptability of the disputed positions. Their model of a 'critical discussion' serves as a theoretical tool for analysing, evaluating and producing argumentative discourse. They develop a method for the reconstruction of argumentative discourse that takes into account all aspects that are relevant to a critical assessment. They also propose a practical code of behaviour (...) for discussants who want to resolve their differences in a reasonable way. This is a major contribution to the study of argumentation and will be of particular value to professionals and graduate students in speech communication, informal logic, rhetoric, critical thinking, linguistics, and philosophy. (shrink)

Interviews met wijsgeren en andere wetenschapsmensen over de reden waarom zij zich met de persoon en het werk van de Oostenrijks-Engelse filosoof (1889-1951) bezighouden.

The book offers a compact but comprehensive introductory overview of the crucial components of argumentation theory. In presenting this overview, argumentation is consistently approached from a pragma-dialectical perspective by viewing it pragmatically as a goal-directed communicative activity and dialectically as part of a regulated critical exchange aimed at resolving a difference of opinion. As a result, the book also systematically explains how the constitutive parts of the pragma-dialectical theory of argumentation, which are discussed in a number of separate publications, hang (...) together. The following crucial topics are discussed: argumentation theory as a discipline; the meta-theoretical principles of pragma-dialectics; the model of a critical discussion aimed at resolving a difference of opinion; fallacies as violations of a code of conduct for reasonable argumentative discourse; descriptive research of argumentative reality; analysis as theoretically-motivated reconstruction; strategic manoeuvring aimed at combining achieving effectiveness with maintaining reasonableness; the conventionalization of argumentative practices; prototypical argumentative patterns; pragma-dialectics amidst other approaches. Argumentation Theory: A Pragma-Dialectical Perspective is clearly written and makes argumentation theory understandable to all scholars and advanced students interested in argumentation research. (shrink)

According to the dominant position among philosophers of language today, we can legitimately ascribe determinate contents to natural language sentences, independently of what the speaker actually means. This view contrasts with that held by ordinary language philosophers fifty years ago: according to them, speech acts, not sentences, are the primary bearers of content. François Recanati argues for the relevance of this controversy to the current debate about semantics and pragmatics. Is 'what is said' determined by linguistic conventions, or is it (...) an aspect of 'speaker's meaning'? Do we need pragmatics to fix truth-conditions? What is 'literal meaning'? To what extent is semantic composition a creative process? How pervasive is context-sensitivity? Recanati provides an original and insightful defence of 'contextualism', and offers an informed survey of the spectrum of positions held by linguists and philosophers working at the semantics/pragmatics interface. (shrink)

The ethics of care, developed in early 1980s within feminism as a critique on the biases of neokantian ethics, is 40 years old. This book presents its key insights, the developments and debates over the years and the challenges care ethics faces. Internationally renown scholars from various continents have contributed, a clear sign that care ethics has spread over the globe. The key insights regard issues close by, care from person to person, but also at an institutional level and questions (...) of global impact. Vulnerability and relationality are examples of these insights. What can caring practices, ranging from social welfare to palliative care, learn from care ethics? Has care ethics had an impact on ethics at large and what is its future? (shrink)

ABSTRACT We outline a number of ethical objections to genetic technologies aimed at enhancing human capacities and traits. We then argue that, despite the persuasiveness of some of these objections, they are insufficient to stop the development and use of genetic enhancement technologies. We contend that the inevitability of the technologies results from a particular guiding worldview of humans as masters of the human evolutionary future, and conclude that recognising this worldview points to new directions for ethical thinking about genetic (...) enhancement technologies. (shrink)

In the pragma-dialectical approach, fallacies are considered incorrect moves in a discussion for which the goal is successful resolution of a dispute. Ten rules are given for effective conduct at the various stages of such a critical discussion (confrontation, opening, argumentation, concluding). Fallacies are discussed as violations of these rules, taking into account all speech acts which are traditionally recognized as fallacies. Special attention is paid to the role played by implicitness in fallacies in everyday language use. It is stressed (...) that identifying and acknowledging fallacies in ordinary discussions always has a conditional character. Differences between the pragma-dialectical perspective, the Standard Treatment, and the formal logic approach to fallacy analysis are discussed. (shrink)

This theoretical expose explores the complex notion of argumentative style, which has so far been largely neglected in argumentation theory. After an introduction of the problems involved, the theoretical tools for identifying the properties of the discourse in which an argumentative style manifests itself are explained from a pragma-dialectical perspective and a theoretical definition of argumentative style is provided that does full justice to its role in argumentative discourse. The article concludes with a short reflection upon the next steps that (...) need to be taken in argumentation theory in further substantiating the notion of argumentative style. (shrink)

Over the past fifty years the philosophy of language and mind has been dominated by a nondescriptivist approach to content and reference. This book attempts to recast and systematize that approach by offering an indexical model in terms of mental files. According to Recanati, we refer through mental files, the function of which is to store information derived through certain types of contextual relation the subject bears to objects in his or her environment. The reference of a file is determined (...) relationally, not satisfactionally, so a file is not to be equated to the body of (mis-)information it contains. Mental files are the mental equivalent of singular terms, and the reference of linguistic expressions is inherited from that of the files we associate with them. On this approach, mental files, the vehicles of singular thought, do all the work of so-called 'modes of presentation' in Fregean and neo-Russellian theories. (shrink)

This volume puts forward a distinct new theory of direct reference, blending insights from both the Fregean and the Russellian traditions, and fitting the general theory of language understanding used by those working on the pragmatics of natural language.

Modifying the descriptive and theoretical generalizations of Relativized Minimality, we argue that a significant subset of weak island violations arise when an extracted phrase should scope over some intervener but is unable to. Harmless interveners seem harmless because they can support an alternative reading. This paper focuses on why certain wh-phrases are poor wide scope takers, and offers an algebraic perspective on scope interaction. Each scopal element SE is associated with certain operations (e.g., not with complements). When a wh-phrase scopes (...) over some SE, the operations associated with that SE are performed in its denotation domain. The requisite operations may or may not be available in a domain, however. We present an empirical analysis of a variety of wh-phrases. It is argued that the wh-phrases that escape all weak islands (i.e., can scope over any intervener) are those that range over individuals, the reason being that all Boolean operations are defined for their domain. Collectives, manners, amounts, numbers, etc. all denote in domains with fewer operations and are thus selectively sensitive to scopal interveners—a “semantic relativized minimality effect”. (shrink)

I argue that epistemic injustice manifests not only in the content of our concepts, but in the spaces between them. Others have shown that epistemic injustice arises in the form of “testimonial injustice,” where an agent is harmed because her credibility is undervalued, and “hermeneutical injustice,” where an agent is harmed because some community lacks the conceptual resources that would allow her to render her experience intelligible. I think that epistemic injustice also arises as a result of prejudiced and harmful (...) defects in the inferential architecture of both scientific practice and everyday thinking. Drawing on lessons from the philosophy of science, I argue that the inferential architecture of our epistemic practices can be prejudiced and wrongful, leading to a variety of epistemic injustice that I am calling “inferential injustice.” This type of injustice is fully structural; it inheres in our epistemic practices themselves rather than as a direct result of an individual’s action. For this reason, cases of inferential injustice are importantly different from extant cases of epistemic injustice and are especially hard to track. We need a better understanding of inferential injustice so that we can avoid and ameliorate cases such as the ones I present here. (shrink)

The classical estrogen receptor model does not sufficiently account for the tumor‐promoting activity of extrogens or for the antiproliferative effect of antiestrogens in estrogen‐dependent tumors. Particular difficulties not readily accommodated within the model are that hormonal autonomy can supervene without loss of the estrogen receptor and that antiestrogen effects are highly context‐dependent, without apparent differences in the estrogen receptor itself or in metabolic transformation of antiestrogens. Recent studies suggest that estrogens may promote cell proliferation, in part, through the mediation of (...) growth factors and that antiestrogens may exert some of their effects by mechanisms unrelated to the estrogen receptor. (shrink)

BackgroundThe emphasis on impact factors and the quantity of publications intensifies competition between researchers. This competition was traditionally considered an incentive to produce high-quality work, but there are unwanted side-effects of this competition like publication pressure. To measure the effect of publication pressure on researchers, the Publication Pressure Questionnaire (PPQ) was developed. Upon using the PPQ, some issues came to light that motivated a revision.MethodWe constructed two new subscales based on work stress models using the facet method. We administered the (...) revised PPQ (PPQr) to a convenience sample together with the Maslach Burnout Inventory (MBI) and the Work Design Questionnaire (WDQ). To assess which items best measured publication pressure, we carried out a principal component analysis (PCA). Reliability was sufficient when Cronbach’s alpha > 0.7. Finally, we administered the PPQr in a larger, independent sample of researchers to check the reliability of the revised version.ResultsThree components were identified as ‘stress’, ‘attitude’, and ‘resources’. We selected 3 × 6 = 18 items with high loadings in the three-component solution. Based on the convenience sample, Cronbach’s alphas were 0.83 for stress, 0.80 for attitude, and 0.76 for resources. We checked the validity of the PPQr by inspecting the correlations with the MBI and the WDQ. Stress correlated 0.62 with MBI’s emotional exhaustion. Resources correlated 0.50 with relevant WDQ subscales. To assess the internal structure of the PPQr in the independent reliability sample, we conducted the principal component analysis. The three-component solution explains 50% of the variance. Cronbach’s alphas were 0.80, 0.78, and 0.75 for stress, attitude, and resources, respectively.ConclusionWe conclude that the PPQr is a valid and reliable instrument to measure publication pressure in academic researchers from all disciplinary fields. The PPQr strongly relates to burnout and could also be beneficial for policy makers and research institutions to assess the degree of publication pressure in their institute. (shrink)

Our thought and talk are situated. They do not take place in a vacuum but always in a context, and they always concern an external situation relative to which they are to be evaluated. Since that is so, François Recanati argues, our linguistic and mental representations alike must be assigned two layers of content: the explicit content, or lekton, is relative and perspectival, while the complete content, which is absolute, involves contextual factors in addition to what is explicitly represented. Far (...) from reducing to the context-independent meaning of the sentence-type or, in the psychological realm, to the 'narrow' content of mental representations, the lekton is a level intermediate between context-invariant meaning and full propositional content. Recognition of that intermediate level is the key to a proper understanding of context-dependence in language and thought. Going beyond the usual discussions of indexicality and unarticulated constituents in the philosophy of language, Recanati turns to the philosophy of mind for decisive arguments in favour of his approach. He shows, first, that the lekton is the notion of content we need if we are to properly understand the relations between perception, memory, and the imagination, and second, that the psychological 'mode' is what determines the situation the lekton is relative to. In this framework he provides a detailed account of de se thought and the first person point of view. In the last part of the book, Recanati discusses the special freedom we have, in discourse and thought, to shift the situation of evaluation. He traces that freedom to a special mode - the anaphoric mode - which enables us to go beyond the egocentric stage of pre-human thought. (shrink)

Conceived of as a contender to other theories in substantive ethics, virtue ethics is often associated with, in essence, the following account or criterion of right action: VR: An action A is right for S in circumstances C if and only if a fully virtuous agent would characteristically do A in C. There are serious objections to VR, which take the form of counter-examples. They present us with different scenarios in which less than fully virtuous persons would be acting rightly (...) in doing what no fully virtuous agent would characteristically do in the circumstances. In this paper, various proposals for how to revise VR in order to avoid these counter-examples are considered. I will argue that in so far as the revised accounts really do manage to steer clear of the counter-examples to VR, something which it turns out is not quite true for all of them, they instead fall prey to other damaging objections. I end by discussing the future of virtue ethics, given what has come to light in the previous sections of the paper. In particular, I sketch the outlines of a virtue ethical account of rightness that is structurally different from VR. This account also faces important problems. Still, I suggest that further scrutiny is required before we are in a position to make a definitive decision about its fate. (shrink)

It is often claimed that the exceptional severity of the Spanish flu, one of the most deadly events in recorded human history, is an unsolved mystery. However, even detailed aspects such as its W-shaped mortality curve are well explained by Paul Ewald’s theory of the evolution of virulence. Understanding the causes of the Spanish flu will help to prevent future epidemics.