The article focuses on the overlooked volume of Henry Sumner Maine's corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine's posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on (...) Grotius, "whose works acted on the spirit of belligerency like a charm," and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an "intellectual resting-place" between theoretical clarity and social diversity, Maine's broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life. (shrink)

This paper uses the evolutionary frame provided by the Victorian jurist Henry Sumner Maine to describe the process by which trust can be seen as the product of a gradual development that starts with small-scale communities and later allows market exchanges to develop themselves. I also argue, using the work of Elinor Ostrom (1990), that trust emerges first within small-scale communities, where first- and second-degree collective action problems need to be resolved. The development of a social disposition (...) to trust is closely linked with an institutional context that encourages individuals to take the externalities of their actions into account. This is made possible by customary mechanisms, as the development of social trust at this stage cannot rely on a mighty “Leviathan”. Therefore, this paper questions the claim that social trust is the product of market exchanges. Market exchanges might favor the further growth of social trust, hands in hands with the right institutional frame. However, this growth is not just the transposition of a previously acquired disposition to trust. The work of Henry Sumner Maine interestingly underlines the importance of the co-development of institutions and trust, from its origin in small communities to its expansion to market exchanges. Both Ostrom’s and Maine’s perspectives underline the fact that trust and trustworthiness are complementary and question a-rational perspectives on trust. This paper also elaborates on the claim, coming from the literature on contract law, that focusing on sanctioning mechanisms can be highly counterproductive. (shrink)

This volume for the first time brings the scholarly discipline of comparative religious ethics into constructive collaboration with the community of interreligious dialogue. Its design is premised on two important insights. First, interreligious dialogue offers to comparative religious ethics a new, more persuasive rationale, agenda of issues, and practical orientation. Second, comparative religious ethics offers to interreligious dialogue an arsenal of critical tools and methods which will enhance the sophistication of its practical work. In this way, both theory (a dominant (...) concern and strength of comparative religious ethics) and praxis (a dominant concern and strength of interreligious moral dialogue) are joined together in mutual effort, each contributing to the benefit of the other.The volume’s contributors share this vision of collaboration, drawing explicitly from both communities of discourse in a manner that crosses disciplinary and professional boundaries to deal creatively and constructively with important methodological and global moral issue. Although theory and practice cannot easily be separated in such a collaborative project, for the purpose of clarity, the volume is divided into two main parts. The first specifically engages questions of method, theory, and the social role of the public intellectual; the second, on substantive moral themes and issues, many of which were raised at the 1993 Parliament. Taken together, the volume’s essays articulate and illustrate new ways of approaching contemporary moral concerns cross-culturally yet with a rigor appropriate to our complex and pluralistic world. (shrink)

"L'oeuvre d'art est une tentative vers l'unique, elle s'affirme comme un tout, comme un absolu et, en même temps, elle appartient à un système de relations complexes [...]. Elle est matière et elle est esprit, elle est forme et elle est contenu [...]. Elle est créatrice de l'homme, créatrice du monde et elle installe dans l'histoire un ordre qui ne se réduit à rien d'autre." Un Eloge de la main complète ce texte. "La main arrache le toucher à sa passivité (...) réceptive, elle l'organise pour l'expérience et pour l'action [...]. Elle se mesure avec la matière qu'elle métamorphose, avec la forme qu'elle transfigure. Educatrice de l'homme, elle le multiplie dans l'espace et dans le temps." [Source : 4e de couv.]. (shrink)

In between the time of John Austin and H.L.A. Hart a great legacy, and an accompanying debate, spawned out of the work of Sir ­Henry Maine. While employing a primarily comparative, historical perspective, Maine sought to scrutinize and redefine the way philosophy relates to the social sciences within jurisprudential enquiries. From this perspective, the present paper aims to reclaim and represent Maine’s work as a project in and for the philosophy of law. A project which came (...) to inspire and influence future generations of philosophers, and two subsequent schools of thought, by instigating a forgotten debate around the concept of custom, its relation to the concept law, and the status of customary law. This examination will close with a note, highlighting certain aspects the revival of Maine’s works, as well as the legacy which spawned out of them, can have generally for the philosophy of law and interdisciplinary jurisprudence, as well as more particularly for the philosophy of customary international law. (shrink)

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

The philosophy of biomimicry, I argue, consists of four main areas of inquiry. The first, which has already been explored by Freya Mathews, concerns the “deep” question of what Nature ultimately is. The second, third, and fourth areas correspond to the three basic principles of biomimicry as laid out by Janine Benyus. “Nature as model” is the poetic principle of biomimicry, for it tells us how it is that things are to be “brought forth”. “Nature as measure” is the ethical (...) principle of biomimicry, for it tells us that Nature places ethical limits or standards on what it is possible for us to accomplish. And “Nature as mentor” is the epistemological principle of biomimicry, for it affirms that Nature is the ultimate source of truth, wisdom, and freedom from error. Within this overall framework, I argue that seeing Nature as physis—understood as “self-production” or “self-placing-into-the-open”—constitutes the requisite ground for the poetic, ethical, and epistemological principles of biomimicry, and that biomimicry thus conceived involves a new philosophical paradigm, which I call “enlightened naturalism”. (shrink)

A central question for philosophical psychology is which mental faculties form natural kinds. There is hot debate over the kind status of faculties as diverse as consciousness, seeing, concepts, emotions, constancy and the senses. In this paper, I take emotions and concepts as my main focus, and argue that questions over the kind status of these faculties are complicated by the undeservedly overlooked fact that natural kinds are indeterminate in certain ways. I will show that indeterminacy issues have led to (...) an impasse in the debates over emotions and concepts. I first consider and reject one way of resolving this impasse. I then suggest a different method, which places more emphasis on a close analysis of predictive and explanatory practices in psychology. I argue that when we apply this method, a new position emerges: that it is indeterminate whether concepts or emotions are natural kinds. They are neither determinately natural kinds, nor determinately not natural kinds. Along the way, we will see that natural kinds have been put to two completely different theoretical uses, which are often been blurred together, and that they are ill-suited to fulfil one of them. (shrink)

The main point developed in this paper is the demonstration of the attitudes characterizing the major Belgian political parties. This is achieved through a factorial analysis applied to a set of data resulting from the answers given by the major parties leaders to various specific questions regarding bath the prevailing economie as well as institutional issues at the eve of the election of December 17th, 1978. From that point it has been possible to compare those results with the one obtained (...) from the data concerning the 1974 programmes.The results of the statistical analysis show that white in 1974 the strongest positive associations between parties corresponded to tht traditional ethical and socioeconomic cleavages, four years later the linguistic dimension was predominant with a stronger homogeneity characterizing the Dutchspeaking group than what could be observed for the Frenchspeaking one.The factorial analysis allows for a graphical representation of the respective positioning of the parties along the statistically significant factorial axes. Applied to two sets of data, the first one on purely institutional matters, the second one on both institutional and economic policies, the analysis reveals clearly through the various graphs presented the linguistic cleavage as well as the divergences about the extent of regional competences and minorities protection, on the one hand, and, on the other hand, the degrees of regional economic autonomy and of public intervention in the business life. (shrink)

Henry Morris (1889-1961), the great educational philosopher, and initiator of the integrated community educational centre - embodied in the Cambridgeshire village college system - was county education officer and had his first 'memorandum' on the concept of community education printed by the Cambridge University Press. 1984 is both the 60th anniversary of his first memorandum and the 400th anniversary of the Press and this commemorative book will be published to coincide with a number of events to celebrate that. The (...) book is a collection of his papers, mainly about community education, edited by Professor Harry Re;e, who is closely associated with the Community Education Development Centre in Coventry. (shrink)

This article suggests that the best available normative framework for guiding conduct in war rests on categories that do not echo the terms of an individual rights-based morality, but acknowledge the impossibility of rendering warfare fully morally justified. Avoiding the undue moralization of conduct in war is an imperative for a normative framework that strives to actually give behavioral guidance to combatants, most of whom will inevitably be ignorant of the moral status of the individuals they encounter on the battlefield (...) and will often be uncertain or mistaken about the justice of their own cause. We identify the requirement of military necessity, applied on the basis of what we refer to as the “St. Petersburg assumption”, as the main principle according to which a combatant should act, regardless of which side or in which battlefield encounter she finds herself. This pragmatic normative framework enjoys moral traction for three reasons: first, in the circumstances of war it protects human life to a certain extent; second, it makes no false claims about the moral justification of individual conduct in combat operations; and, third, it fulfills morally important functions of law. However, the criterion of military necessity interpreted on the basis of the St. Petersburg assumption does not directly replicate fundamental moral prescriptions about the preservation of individual rights. (shrink)

This essay examines the main line of argument of Yirmiyahu Yovel's The Adventures of Immanence. Expressing general agreement with Yovel's central thesis that Spinoza's ?immanent revolution? marked an important tuming?point in the history of modernity and profoundly influenced subsequent thought, I none the less take issue with some of the details of the story. In particular, I question his omission of Lessing, his account of the relationship between Spinoza and Kant, and his treatment of Marx. In a final section I (...) present some objections to Yovel's guiding conception of a philosophy of immanence. (shrink)

Aimed at those new to studying Spinoza, this book provides a comprehensive introduction to his thought, placing it in its historical and philosophical contexts, and assessing its critical reception. In addition to providing an analysis of Spinoza's metaphysical, epistemological, psychological, and ethical views in the Ethics, Henry Allison also explores his political theory and revolutionary views on the Bible, as well as his account of Judaism, which led to the excommunication of the young Spinoza from the Jewish community in (...) Amsterdam. Although the book's main focus is on the analysis of Spinoza's views, including a close reading of the central arguments of the Ethics, it also considers many of the standard objections to these arguments as well as possible responses to them. This completely revised and updated new edition of Allison's classic book, with two new chapters, will help a new generation of students to understand and value Spinoza's work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Das Medusenhaupt der Kritik, Kantstudien Ergänzungshefte by Manfred GawlinaHenry E. AllisonManfred Gawlina. Das Medusenhaupt der Kritik, Kantstudien Ergänzungshefte 128. Berlin-New York: Walter de Gruyter, 1996. Pp. ix + 345.This work is the first full scale study of the controversy between Kant and the Wolffian philosopher Johann August Eberhard. The controversy was launched by Eberhard’s publication in 1788 of the first part of the first volume of the Philosophisches (...) Magazin, a journal which he and a handful of associates created specifically as an organ for attacking the Kantian philosophy from the standpoint of Leibniz and Wolff. The central claim was that whatever is true in the Kantian philosophy is already contained in Leibniz, and where Kant differs from Leibniz (such as in the denial of knowledge of things in themselves or “true things”) he goes astray. Kant reacted strongly to this [End Page 632] critique, first in a pair of letters to Reinhold (May 12 and 19, 1789) and then in his own published response, with the sarcastic title: Über eine Entdeckung. nach der alle neue Kritik der reinen Vernunft durch eine ältere entbehrlich gemacht werden soll1 From Eberhard’s side the controversy continued through three more volumes of the Philosophisches Magazin (1790–92), and two volumes of its successor, Philosophisches Archiv (1792–95). Although Kant himself did not respond directly to these subsequent attacks, he contributed material to Johann Schulz for his review of the second volume of the Philosophisches Magazin.Gawlina analyzes the controversy at both the pragmatic and philosophical levels. The former includes a consideration of the motivations of the protagonists and the various strategies and tactics adopted in an attempt to convince the philosophical public of the correctness of their respective positions. Eberhard, for his part, was particularly concerned with the threat which the Critique, which Kant himself describes as the “Medusa head” (hence the title), posed to the survival of Leibnizian-style metaphysics, while Kant’s primary concern was with the misrepresentation of his own philosophy that he saw in Eberhard’s attack. At the philosophical level, the controversy is presented as a clash between two conflicting and ultimately irreconcilable philosophical paradigms: the first being the ontological orientation of Leibniz (defended by Eberhard) according to which pure (contradiction-free) thought mirrors being (this entails that logic has ontological significance), and the epistemological-transcendental orientation of Kant, according to which the fundamental questions concern the conditions of human knowledge and the justification of its claims. The author is well aware that there are epistemological elements in Leibniz and ontological ones in Kant (most notably the claims about space and time in the Transcendental Aesthetic), but he argues persuasively that these are grounded in the philosopher’s respective ontological and epistemological standpoints.This general thesis serves to illuminate virtually all of the main points of the controversy, including the question of why Eberhard refuses to admit either the significance or novelty of the analytic-synthetic distinction, while Kant insists on both. Of particular interest in this regard is the author’s discussion of the distinction between Schranken (limits) and Grenzen (boundaries), which Kant himself draws in the Prolegomena (§58). This distinction becomes relevant to the controversy because of Eberhard’s frequent appeal to the fact that Leibniz recognizes the Schranken of human knowledge as part of his attempt to show that Leibniz anticipated Kant in providing a “critique of pure reason.” As Gawlina notes, however, the limits of knowledge, as understood by Leibniz, are merely de facto constraints on the extent to which finite minds are capable of grasping things from the eternalistic perspective of God, whereas the boundaries insisted on by Kant are principled restrictions, grounded in the positive conditions of the possibility of cognition for finite knowers. [End Page 633]Although Gawlina thus clearly indicates the ways in which Eberhard misunderstood and misrepresented Kant’s position, he refuses to declare Kant the victor in the controversy. This is partly on historical and partly on philosophical grounds. Historically, the reason is that in spite of all of its limitations, Eberhard’s critique of Kant did succeed in raising questions among Kant’s followers regarding the coherence of the... (shrink)

His 1971 masterpiece, A Theory of Justice, permanently changed the landscape of moral political theory, revitalizing the normative study of social issues and ...

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

The system presented by the author in The Logical Foundations of Statistical Inference suffered from certain technical difficulties, and from a major practical difficulty; it was hard to be sure, in discussing examples and applications, when you had got hold of the right reference class. The present paper, concerned mainly with the characterization of randomness, resolves the technical difficulties and provides a well structured framework for the choice of a reference class. The definition of randomness that leads to this framework (...) is simplified and clarified in a number of respects. It resolves certain puzzles raised by S. Spielman and W. Harper in their contributions to Profiles: Henry E. Kyburg, Jr. and Isaac Levi 1982). (shrink)

Since its appearance in 1971, John Rawls’ A Theory of justice has attracted much critical attention. Most of this attention has inevitably centred on the two principles of justice for institutions and on their derivation from the original position. This paper will examine a part of the system which has not yet received such close scrutiny — Rawls’ theory of political obligation in general and civil disobedience in particular. My main aim is to understand this theory, since there are crucial (...) respects in which it is undeveloped. But I shall also along the way comment on its possibilities; these comments will for the most part take the form of comparisons with its utilitarian rival.In what follows I shall not confine myself to the material in Rawls’ book, but rather use the appearance of the book as an opportunity to review the development of the theory of political obligation since “Justice as Fairness”. When one surveys the period bounded by that initial paper and by the book, certain patterns form. (shrink)

Most people will grant that we bear special moral obligations toward at least some nonhuman animals that we do not bear toward inanimate objects like stones, mountains, or works of art. These moral obligations are plausibly grounded in the fact that many if not all nonhuman animals share important psychological states and capacities with us, such as consciousness, suffering, and goal-directed behavior. But which of these states and capacities are really critical for a creature’s possessing moral status, and how can (...) we determine which animals do in fact have them? In this paper, I examine three main approaches to answering these questions. First are what I term consciousness-based approaches that tackles these questions by first asking which animals are conscious. Second are affective-state approaches that focus on identifying behavioural and physiological signatures of states like pain, fear, and stress. Finally, I consider what I call preference-based approaches whose focus is on the question of which organisms have robust motivational states. I examine the prospects and challenges—both theoretical and empirical—faced by these seemingly contrasting methodologies. I go on to suggest that there are reasons why, despite challenges, we should be robustly committed to the project of identifying psychological grounds of moral status. I conclude by suggesting we should also take seriously the idea of pluralism about moral status, according to which each of these approaches might be capable of providing independent grounds for moral consideration. (shrink)

A picture of the world as chiefly one of discrete objects, distributed in space and time, has sometimes seemed compelling. It is however one of the main targets of Henry Laycock's book; for it is seriously incomplete. The picture, he argues, leaves no space for "stuff" like air and water. With discrete objects, we may always ask "how many?," but with stuff the question has to be "how much?" Laycock's fascinating exploration also addresses key logical and linguistic questions about (...) the way we categorize the many and the much. (shrink)

BackgroundBiobanks have recently been established in several low- and middle-income countries in the Arab region of the Middle East. We aimed to explore the views of biobank managers regarding the challenges, ethical issues, and governance arrangements of their biobanks.MethodsIn-depth semi-structured qualitative interviews were conducted with a purposive sample of eight biobank managers from Egypt, Jordan, and Sudan. Interviews were performed either face-to-face, by phone, or via Zoom and lasted approximately 45–75 min. After verbal consent, interviews were recorded and then transcribed. (...) The authors performed a thematic analysis of the transcripts independently and then integrated the themes via a consensus process.ResultsBiobank managers discussed the main challenges in establishing their biobanks. These included the staff’s lack of experience and training, limited funds, deficit awareness of biobanks, obtaining funding from different sources. Only four reported they were active in distributing biospecimens and health data to researchers. Six biobanks used a broad consent model, one used tiered consent, and another allowed participants to opt-out of being recontacted. Five managers avoided partnerships with pharmaceutical companies due to concerns with unfavorable reactions from the community. Five managers did not have clear policies for returning research results to the donors. Five expressed challenges with sample and data sharing with international collaborators; all five used material transfer agreements. The biobank managers revealed variable governance arrangements and activities with community involving awareness and educational efforts rather than active engagement. Several expressed the importance of transparency with the operations of their biobanks and gaining the trust of their stakeholders.ConclusionManagers of biobanks in LMICs in the Arab Middle East encounter financial, operational, and social challenges toward their sustainability efforts. Discussions with key stakeholders are warranted to manage ethical issues involving informed consent, privacy, data sharing, and the return of results. We recommend that biobank managers in the Arab Middle East form collaborative networks within the region and internationally, develop trusting governance relationships with their stakeholders, and pursue engagement activities with their communities to enhance trust. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

Before WW2 Danish geologists had found traces of uranium in Greenland. But being squeezed from both sides in the escalating Cold War between East and West, in the first decade after WW2 the Danish government did not support expeditions to explore Greenland's potential uranium deposits. The situation changed abruptly after President Eisenhower's Atoms for Peace address in December 1953, as a result of which a Danish Atomic Energy Commission (AEK) was set up in early 1955. Besides building a large atomic (...) energy research facility (Risø) one of AEK's first initiatives was to support big scale uranium expeditions to South-West Greenland. The ultimate goal for the leaders of AEK was to liberate Denmark from its dependence on imported fossil fuels by developing Danish nuclear reactors, fuelled by natural uranium from Greenland. In the late 1960s, after more than a decade of uranium explorations, this was still a goal, albeit much more long term. For many reasons the hunt for uranium in Greenland after WW2 was unsuccessful, but the main ones were Danish sovereignty concerns, techno-scientific nationalism and devastating institutional clashes of interests. The present paper will explore these problems. (shrink)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (shrink)

The science of consciousness has made great strides in recent decades. However, the proliferation of competing theories makes it difficult to reach consensus about artificial consciousness. While for purely scientific purposes we might wish to adopt a ‘wait and see’ attitude, we may soon face practical and ethical questions about whether, for example, agents artificial systems are capable of suffering. Moreover, many of the methods used for assessing consciousness in humans and even non-human animals are not straightforwardly applicable to artificial (...) systems. With these challenges in mind, I propose that we look for ecumenical heuristics for artificial consciousness to enable us to make tentative assessments of the likelihood of consciousness arising in different artificial systems. I argue that such heuristics should have three main features: they should be (i) intuitively plausible, (ii) theoretically-neutral, and (iii) scientifically tractable. I claim that the concept of general intelligence — understood as a capacity for robust, flexible, and integrated cognition and behavior — satisfies these criteria and may thus provide the basis for such a heuristic, allowing us to make initial cautious estimations of which artificial systems are most likely to be conscious. -/- . (shrink)

In reverse mathematics, it is possible to have a curious situation where we know that an implication does not reverse, but appear to have no information on how to weaken the assumption while preserving the conclusion (other than reducing all the way to the tautology of assuming the conclusion). A main cause of this phenomenon is the proof of a $\Pi^1_2$ sentence from the theory $\mathbf{\Pi^{\textbf{1}}_{\textbf{1}}-CA_{\textbf{0}}}$. Using methods based on the functional interpretation, we introduce a family of weakenings of $\mathbf{\Pi^{\textbf{1}}_{\textbf{1}}-CA_{\textbf{0}}}$ (...) and use them to give new upper bounds for the Nash-Williams Theorem of wqo theory and Menger's Theorem for countable graphs. (shrink)

In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...) kinds of defeat, after which Dung’s (Artif Intell 77:321–357; 1995) abstract acceptability semantics can be used to evaluate the arguments. In the present paper the abstract framework is instantiated with strict inference rules corresponding to first-order logic and with defeasible inference rules for defeasible modus ponens and various argument schemes. The main techniques used in the formal reconstruction of the case are rule-exception structures and arguments about rule validity. Arguments about socio-legal values and the use of precedent cases are reduced to arguments about rule validity. The tree structure of arguments, with explicit subargument relations between arguments, is used to capture the dependency relations between the elements of the court’s decision. (shrink)

1848 is a watershed in Dutch political and intellectual history. In the wake of liberalism positivism and empiricism dominated Dutch philosophy. In this paper it is argued that Spinoza’s philosophy played an important part in developing a liberal Weltanschauung. Dutch Spinozism started with the theological dissertation of Johannes van Vloten, who from the 1860s onwards became the great pamphleteer of Spinozism. However due to his break with Christianity he remained an exception in Dutch intellectual life. The Utrecht professor of philosophy (...) Cornelis Willem Opzoomer and his friend the classical scholar D. Burger jr., for example, propagated a liberal Christianity purged from its mythical elements. Adopting Schleiermacher’s example Opzoomer developed a morality inspired by Ethics V. In 1850 he turned to J. S. Mill and A. Comte. From that year onwards he justified the methodological unity of the natural and ‘moral’ sciences in Spinoza’s doctrine of the passions. According to Burger the Ethics contains an obsolete metaphysics, but due to its morality consistent with science the book deserves a large 19th-century readership. In 1858 he translated Spinoza’s main work into Dutch. (shrink)