There are two possible ways to understand form and substance in legal reasoning. The first refers to the distinction between concepts and their applications, whereas the second concentrates on the difference between authoritative and non-authoritative reasons. These approaches refer to the formalistic and positivistic conceptions of the law, the latter being the author's point of departure. Nevertheless, they are both helpful means of analysis in legal interpretation. Interpretation is divided into formal and substantive justification. They have certain functions and they (...) are utilized in interaction. Authoritative reasons and formal reasoning constitute the necessary point of departure. However, substantive reasons are also necessary in order to justify choices included in interpretation. In addition to formal and substantive reasoning, the role of legal concepts is analysed. (shrink)

This paper deals with the problems involved in the concept of knowledge in the sphere of law. Traditionally, the idea of knowledge has dealt with the presumption of given objects of information. According to this approach, knowing means finding these objects. This is the natural and understandable foundation of metaphysical or philosophical realism. Cognition and cognitive interest are directed outside the sentences by which they are described. This is the point of departure of legal positivism as well. However, it is (...) not possible to see valid law as totally independent of language and concepts. This makes the idea of legal facts as institutional facts vague. From a practical viewpoint, the sentences of judges and legal scholars, when they present valid law, justify rather than describe. Their crucial function is interpretation. Hence, the objectivity of these sentences cannot be based on the presumption of separate objects either. Instead, it has to be based on the principles of acceptable reasoning. Moreover, the author claims that this kind of approach, united with the utilization of human rights and substantial legal principles, leads one to acknowledge objective values. (shrink)

In this paper I pursue a possibility that some versions of arguments addressed against the libertarian notion of self-ownership have some definitive implications regarding the equalisandum debate carried out by egalitarians. I have in mind specifically the kind of approach that challenges self-ownership as a morally fundamental value through some inventive counterexamples. So, while I shall argue that the negative arguments against self-ownership are conclusive, my primary attempt is to demonstrate that such arguments can be employed to say something interesting (...) about the equalisandum debate itself; namely, that resources cannot function as the desirable equalisandum, and that there are some reasons for preferring capabilities over welfare as the desired currency for egalitarianism. (shrink)

In this paper I pursue a possibility that some versions of arguments addressed against the libertarian notion of self-ownership have some definitive implications regarding the equalisandum debate carried out by egalitarians. I have in mind specifically the kind of approach that challenges self-ownership as a morally fundamental value through some inventive counterexamples. So, while I shall argue that the negative arguments against self-ownership are conclusive, my primary attempt is to demonstrate that such arguments can be employed to say something interesting (...) about the equalisandum debate itself; namely, that resources cannot function as the desirable equalisandum, and that there are some reasons for preferring capabilities over welfare as the desired currency for egalitarianism. (shrink)

At the heart of Jürgen Habermas's explication of communicative rationality is the contention that all speech acts oriented to understanding raise three different kinds of validity claims simultaneously: claims to truth, truthfulness, and normative rightness. This paper argues that Habermas presents exactly three distinct, logically independent arguments for his simultaneity thesis: an argument from structure; an argument from criticizability/rejectability; and an argument from understanding/reaching understanding. It is further maintained that the simultaneity thesis receives cogent support only from the Argument from (...) understanding/reaching understanding, and only if the notion of 'understanding' is expanded to that of 'agreement'. (shrink)

This important book investigates the emergence and development of a distinct concept of self-awareness in post-classical, pre-modern Islamic philosophy. Jari Kaukua presents the first extended analysis of Avicenna's arguments on self-awareness - including the flying man, the argument from the unity of experience, the argument against reflection models of self-awareness and the argument from personal identity - arguing that all these arguments hinge on a clearly definable concept of self-awareness as pure first-personality. He substantiates his interpretation with an analysis (...) of Suhrawardī's use of Avicenna's concept and Mullā Sadrā's revision of the underlying concept of selfhood. The study explores evidence for a sustained, pre-modern and non-Western discussion of selfhood and self-awareness, challenging the idea that these concepts are distinctly modern, European concerns. The book will be of interest to a range of readers in history of philosophy, history of ideas, Islamic studies and philosophy of mind. (shrink)

The realities of human agency and decision making pose serious challenges for research ethics. This article explores six major challenges that require more attention in the ethics education of students and scientists and in the research on ethical conduct in science. The first of them is the routinization of action, which makes the detection of ethical issues difficult. The social governance of action creates ethical problems related to power. The heuristic nature of human decision making implies the risk of ethical (...) bias. The moral disengagement mechanisms represent a human tendency to evade personal responsibility. The greatest challenge of all might be the situational variation in people’s ethical behaviour. Even minor situational factors have a surprisingly strong influence on our actions. Furthermore, finally, the nature of ethics itself also causes problems: instead of clear answers, we receive a multitude of theories and intuitions that may sometimes be contradictory. All these features of action and ethics represent significant risks for ethical conduct in science. I claim that they have to be managed within the everyday practices of science and addressed explicitly in research ethics education. I analyse them and suggest some ways in which their risks can be alleviated. (shrink)

Postmerger integration is a highly challenging and demanding task. Its success depends not only on economic factors but also on the organisational members' feelings and their personal contribution to the new entity. Mergers are usually made for the sake of profitability in the first place, whereas less attention is paid to employees in such situations. This article describes various ethical observations made in our study on corporate mergers in the Nordic Electro-business industry. We examine how the organisational change was experienced (...) by personnel, what kinds of ethical reflections surfaced in different phases of the process, and what conclusions might be drawn from them. The main focus is on the ethical meanings that emerged in our interviewees' stories spontaneously, without the topic of ethics having been separately brought up in the interview situation. The organisational members: we interviewed 35 electro-business employees who were either transferred from Vattenfall's contracting unit to the acquiring company or were already working there at the time of the merger. These persons were interviewed twice: first in 2001, the year of the initial merger, and again in 2005, 4 years from the start of the process and 1 year from the final ownership change. The merger process seemed to lead to decreased responsibility among the organisational members, which highlights the discrepancy between genuine ethical thinking and executive talk. Our study also revealed a dramatic shift in the moral attitudes of the managers who fell from power in the turmoil of organisational change. This moral dimension is evident in their sharply critical argumentation against the new operating model and new corporate management, as well as in their eventual indifference and non-commitment to the organisation. The ethical meanings of 'the good life' and a happy work community slowly disintegrated and were replaced by a longing for the earlier communality and sense of togetherness in their old organisation. This meant that 'the good life' would have to be sought elsewhere. (shrink)

This article analyzes the distribution of benefits from Fair Trade between producing and consuming countries. Fair Trade and conventional coffee production and trade were examined in Nicaragua in 2005-2006 and 2008. Consumption of the respective coffees was assessed in Finland in 2006-2009. The results indicate that consumers paid considerably more for Fair Trade-certified coffee than for the other alternatives available. Although Fair Trade provided price premiums to producer organizations, a larger share of the retail prices remained in the consuming country (...) relative to conventional coffee trade. Paradoxically, along with the certified farmers and cooperatives, Fair Trade empowers roasters and retailers. (shrink)

Abstract Popular film has become a significant venue for meaning?making in modern society. Like religion, film provides models for understanding and behaving within the social world. Like religion, film reinforces this content through emotional resonance. Myths slip under a viewer's intellectual defenses in the non?threatening guise of entertainment. In a mainstream culture skeptical of religion, film presents an alternative mechanism for the transmission and processing of ?religious? ideas and ideals.

People’s causal judgments are susceptible to the action effect, whereby they judge actions to be more causal than inactions. We offer a new explanation for this effect, the counterfactual explanation: people judge actions to be more causal than inactions because they are more inclined to consider the counterfactual alternatives to actions than to consider counterfactual alternatives to inactions. Experiment 1a conceptually replicates the original action effect for causal judgments. Experiment 1b confirms a novel prediction of the new explanation, the reverse (...) action effect, in which people judge inactions to be more causal than actions in overdetermination cases. Experiment 2 directly compares the two effects in joint-causation and overdetermination scenarios and conceptually replicates them with new scenarios. Taken together, these studies provide support for the new counterfactual explanation for the action effect in causal judgment. (shrink)

Contemporary caution against anachronism in intellectual history, and the currently momentous theoretical emphasis on subjectivity in the philosophy of mind, are two prevailing conditions that set puzzling constraints for studies in the history of philosophical psychology. The former urges against assuming ideas, motives, and concepts that are alien to the historical intellectual setting under study, and combined with the latter suggests caution in relying on our intuitions regarding subjectivity due to the historically contingent characterizations it has attained in contemporary philosophy (...) of mind. In the face of these conditions, our paper raises a question of what we call non-textual (as opposed to contextual) standards of interpretation of historical texts, and proceeds to explore subjectivity as such a standard. Non-textual standards are defined as (heuristic) postulations of features of the world or our experience of it that we must suppose to be immune to historical variation in order to understand a historical text. Although the postulation of such standards is often so obvious that the fact of our doing so is not noticed at all, we argue that the problems in certain special cases, such as that of subjectivity, force us to pay attention to the methodological questions involved. Taking into account both recent methodological discussion and the problems inherent in two de facto denials of the relevance of subjectivity for historical theories, we argue that there are good grounds for the adoption of subjectivity as a non-textual standard for historical work in philosophical psychology. (shrink)

Contemporary caution of anachronism in intellectual history on the one hand, and currently momentous theoretical emphasis on subjectivity on the other, are two prevailing circumstances that set puzzling constraints for studies in the history of philosophical psychology. Together these circumstances call for heightened awareness of our own interpretive presuppositions as historians: the former urges against assuming ideas, motives, and concepts that may be alien in the historical intellectual setting under study and the latter suggests caution in relying on our intuitions (...) regarding subjectivity due to the specific and historicallycontingent characterisations subjectivity has attained in the contemporary philosophy of mind. In face of these enticements our paper explores subjectivity as a non-textual standard of interpretation. Taking into account recent methodological discussion and examples of denials of the relevance of subjectivity for historical theories, we argue that historical work should be conceived as a reflective investigation into what is and what is not genuinely historical. In particular, we show how subjectivity can function as a pre-conceptualized feature of the world that has an effect on our concept formation. (shrink)

This article examines Martin Luther’s view of Natural theology and natural knowledge of God. Luther research has often taken a negative stance towards a possibility of Natural theology in Luther’s thought. I argue, that one actually finds from Luther’s texts a limited area of the natural knowledge of God. This knowledge pertains to the existence of God as necessary and as Creator, but not to what God is concretely. Luther appears to think that the natural knowledge of God is limited (...) because of the relation between God and the Universe only one side is known by natural capacities. Scholastic Theology built on Aristotelianism errs, according to Luther, when it uses created reality as the paradigm for thinking about God. Direct experiential knowledge of the divinity, given by faith, is required to comprehend the divine being. Luther’s criticism of Natural theology, however, does not appear to rise from a general rejection of metaphysics, but from that Luther follows certain ideas of Medieval Augustinian Platonism, such as a stark ontological differentiation between finite and infinite things, as well as the idea of divine uniting contradictions. Thus the conflict between faith and reason on Luther seems to be explicable at least in part as a conflict between two different ontological systems, which follow different paradigms of rationality. (shrink)

This paper discusses refinements of the natural ordering of them-degrees (1-degrees) of strong recursive reducibility classes. Such refinements are obtained by posing complexity conditions on the reduction function. The discussion uses the axiomatic complexity theory and is hence very general. As the main result it is proved that if the complexity measure is required to be linearly bounded (and space-like), then a natural class of refinements forms a lattice with respect to a natural ordering upon them.

Let A and B be subsets of the set of natural numbers. The well-known strong reducibilities are dened as follows: A m B i 2 B)) A 1 B i A m B and the reduction function f is one-one. where T ot denotes the set of total recursive functions. These reducibilities induce an equivalence relation of interreducibility, the equivalence classes of which are commonly called the m-degrees and the 1-degrees, respectively. The ordering of these degrees has been extensively studied. (...) In this paper the renements of the ordering of the m-degrees are studied by posing complexity conditions on the reduction func- tion. The discussion uses the axiomatic complexity theory and is hence very general. The paper is self-contained in the sense that the basic framework of the axiomatic complexity theory is brie y presented. (shrink)

Mullā Ṣadrā Shīrāzī subscribes to the Avicennian view according to which the human subject is always and fully aware of herself. At the same time, his eschatology hinges on the Qur’ānic motif of the soul as a closed book that is first opened on the Final Day, that is, on the idea that each soul’s share in the afterlife should be understood as the full revelation of the soul’s true nature to itself. The two ideas thus have seemingly contradictory entailments: (...) the soul is fully aware of and transparent to itself, but at the same time it has aspects that can remain opaque to it, at least in this life. The task of this paper is to investigate whether Ṣadrā can coherently hold on to the two ideas, and what kind of revisions this requires him to make to the received concepts of self and self-awareness. (shrink)

Avicenna’s logical theory of negative judgement can be seen as a systematic development of the insights Aristotle had laid out in the De interpretatione. However, in order to grasp the full extent of his theory one must extend the examination from the logical works to the metaphysical and psychological bases of negative judgement. Avicenna himself often refrains from the explicit treatment of the connections between logic and metaphysics or psychology, or treats them in a rather oblique fashion. Time and again (...) he is satisfied with noting that this or that question is not proper for a logician and should be dealt with in metaphysics or psychology—without bothering to refer his reader to the exact loci. The following is an attempt at a reconstruction of Avicenna’s theory of negative judgement in such a broad fashion. I will begin with his analysis of negative judgement as resulting from an operation of ‘removing’ the predicate term from the subject term. On this basis, I will move on to discuss how he conceives of the relation between negative judgements and affirmative judgements that contain privative or metathetic terms as well as the question of whether negative judgements can be reduced to affirmative ones. Having thus laid out his logical theory of negation, I move on to discuss the underlying metaphysics by looking at the relation between existence and non-existence, and existence and privation. Finally, I will address Avicenna’s scattered psychological remarks on how we can conceive of what does not exist. (shrink)