We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. (...) Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither. We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone... Between the Belgian and the Italian situations are similarities and relevant differences. (shrink)

The authors discuss «judicial» policy-making in the seventies by such various actors as police authorities, local and national government, the Bar associations, legal aid agencies, the judiciary, and prison authorities. They stress the quasi-absence of reliable statistical information, of good annual reports, and of the minimum goodwill of the authorities that would open this area for social science research. They also analyse some of the major decisions that have been made by the Belgian department of justice in the last ten (...) years. (shrink)

BackgroundIn many countries health insurers, employers and especially governments are increasingly using pressure and coercion to enhance healthier lifestyles. For example by ever higher taxes on cigarettes and alcoholic beverages, and ever stricter smoke-free policies. Such interventions can enhance healthier behaviour, but when they become too intrusive, an unfree society can emerge. Which lifestyle interventions that use pressure or coercion are justifiable and which are not? We tried to develop an assessment model that can be used for answering this question, (...) on a generally acceptable way, for all sorts of lifestyle interventions.MethodsThe intended assessment model was developed in three phases. In the first phase the model was theoretically developed on the basis of literature study and reasoning. In the second phase the model was empirically tested by assessing two detailed cases from everyday practice using the model. The model was improved again and again. In the third phase the 10th version of the model was developed while writing this article.ResultsAn assessment model for the justification of intrusive lifestyle interventions. It comprises three components: 12 assessment criteria ; an assessment structure with three filters ; a way of assessing.ConclusionsWe have developed an assessment model for the justification of lifestyle interventions that use pressure or coercion to promote health. The correctness, completeness and practicality of the model are likely. Important principles for the justification are the logic and completeness of the underlying argumentation and the proper use of the available scientific information. Parties for and against a particular intervention could use the model to test and strengthen their argumentation and to improve the quality of the intervention. (shrink)

In many countries health insurers, employers and especially governments are increasingly using pressure and coercion to enhance healthier lifestyles. For example by ever higher taxes on cigarettes and alcoholi..

The current study investigated how work-related disagreements—coined as conflicts—relate to workplace bullying, from the perspective of the target as well as the perpetrator. We hypothesized a positive indirect association between task conflicts and bullying through relationship conflicts. This process accounted for both for targets and perpetrators of bullying. Targets are distinguished from perpetrators in our assumption that this indirect effect is boosted by distributive conflict behavior, being yielding for targets and forcing for perpetrators. Results in a large representative sample of (...) the Flemish working population confirmed our hypotheses. Additionally, our study also revealed a direct effect from task conflicts to bullying in the analyses regarding the indirect as well as the conditional indirect effects. For perpetrators, both the indirect and direct relationships are moderated by forcing, underlining the importance of distributive conflict behavior particularly for the enactment of bullying behaviors. (shrink)

In the Netherlands, in 1995 approximately 9700 people explicitly requested euthanasia or assisted suicide, and EAS was performed approximately 3600 times. The most important reasons for not performing EAS when requested by a patient were that the patient died before EAS was performed, or that the physician refused the request.

De invloed van het denken van Paul Moyaert is zeer groot. Daarom wil 'Orde scheppen' hulde brengen aan deze filosoof en zijn intellectuele bezetenheid. De thematische diversiteit van het boek weerspiegelt de biodiversiteit van Moyaerts eigen werk, die met enig geweld tot drie grote thema's of domeinen kan worden herleid: wijsgerige antropologie, psychopathologie en religie. Onderwerpen zijn: het symbolische, de liefde, uchronie, de echtheid van beelden, en poëzie; de afstemming bij jongvolwassenen met een meervoudige handicap, homoseksualiteit bij vrouwelijke adolescenten, en (...) Kant en Foucault; en ten slotte de hardnekkigheid van religie, christelijke ascese, de vele gezichten van Kierkegaard, Franciscus van Assisi, en de oorlogsdagboeken van Hans Keilson. (shrink)

Metaphysicians speak of laws of nature in terms of necessity and universality; scientists, in terms of symmetry and invariance. In this book van Fraassen argues that no metaphysical account of laws can succeed. He analyzes and rejects the arguments that there are laws of nature, or that we must believe there are, and argues that we should disregard the idea of law as an adequate clue to science. After exploring what this means for general epistemology, the author develops the empiricist (...) view of science as a construction of models to represent the phenomena. (shrink)

What is empiricism and what could it be? Bas . van Fraassen, one of the world’s foremost contributors to philosophical logic and the philosophy of science, here undertakes a fresh consideration of these questions and offers a program for renewal of the empiricist tradition. The empiricist tradition is not and could not be defined by common doctrines, but embodies a certain stance in philosophy, van Fraassen says. This stance is displayed first of all in a searing, recurrent critique of metaphysics, (...) and secondly in a focus on experience that requires a voluntarist view of belief and opinion. Van Fraassen focuses on the philosophical problems of scientific and conceptual revolutions and on the not unrelated ruptures between religious and secular ways of seeing or conceiving of ourselves. He explores what it is to be or not be secular and points the way toward a new relationship between secularism and science within philosophy. (shrink)

Les rapports de pouvoir irradient notre société : sont-ils inéluctables? Nous nous apercevons qu'ils ont été construits pour asseoir la domination d'une minorité sur le reste de la population. Cet ouvrage démonte et analyse les mécanismes qui sont à l'origine des relations de pouvoir. Le point de départ de cette étude réside dans la volonté d'interroger la croyance, aussi répandue que massive, selon laquelle la domination serait naturelle aux hommes et aux animaux. En effet, lorsqu'on examine les opinions habituelles portant (...) sur la domination se distingue ordinairement la certitude quasi indéracinable qu'elle ne serait rien que l'expression d'une force naturelle et que, s'il y a des forts et des faibles, c'est parce que force et faiblesse, puissance et soumission seraient inscrites dans un ordre naturel des choses. À la faveur d'une alliance entre philosophie et biologie, il s'agit ici de se demander quelle est l'origine de la domination, et de comprendre les mécanismes des relations de pouvoir. Au fond, y a-t-il une légitimité de nature à poser ou réclamer l'inégalité? Où l'on voit que l'enjeu de ce livre réside dans l'effort pour résoudre scientifiquement et philosophiquement le problème du statut des phénomènes de domination dans le monde, et pour poser les bases à partir desquelles peut s'édifier une pensée de l'émancipation authentique. (shrink)

Here, I propose a new hypothesis: sex originated from an archaic gene transfer process among prebiotic bubbles without the prerequisite for reproduction. This de‐coupling from reproduction might make the thorny problem of accounting for the evolution of sex, despite the apparent advantages of parthenogenicity, more tractable.

In the debate on whether to ban LAWS, moral arguments are mainly used. One of these arguments, proposed by Sparrow, is that the use of LAWS goes hand in hand with the responsibility gap. Together with the premise that the ability to hold someone responsible is a necessary condition for the admissibility of an act, Sparrow believes that this leads to the conclusion that LAWS should be prohibited. In this article, it will be shown that Sparrow’s argumentation for both premises (...) is not convincing. If one interprets the thesis that responsibility (first premise) is necessary in a descriptive sense, this assertion clashes with military theory and practice. And even if you focus on the normative interpretation, that claim does not stand. The second premise for Sparrow’s conclusion, namely that you cannot hold anyone responsible for LAWS’ (mis)deeds, is based on the idea that control is a necessary condition for responsibility. It will be shown that this idea too is not correct, which means that Sparrow’s control argument does not do the work it should do. From this, we can conclude that Sparrow’s justification for his claim that LAWS should be banned is insufficient, and neither can we conclude that the thesis of a responsibility gap has in any case been undermined. However, it will also be argued that someone may be responsible for the actions of LAWS, or that it cannot be excluded that one can be held responsible. (shrink)

What is empiricism and what could it be? Bas C. van Fraassen, one of the world’s foremost contributors to philosophical logic and the philosophy of science, here undertakes a fresh consideration of these questions and offers a program for renewal of the empiricist tradition. The empiricist tradition is not and could not be defined by common doctrines, but embodies a certain stance in philosophy, van Fraassen says. This stance is displayed first of all in a searing, recurrent critique of metaphysics, (...) and second in a focus on experience that requires a voluntarist view of belief and opinion._ _Van Fraassen focuses on the philosophical problems of scientific and conceptual revolutions and on the not unrelated ruptures between religious and secular ways of seeing or conceiving of ourselves. He explores what it is to be or not be secular and points the way toward a new relationship between secularism and science within philosophy. (shrink)

This paper argues, against the prevailing view, that consent to privacy policies that regular internet users usually give is largely unproblematic from the moral point of view. To substantiate this claim, we rely on the idea of the right not to know (RNTK), as developed by bioethicists. Defenders of the RNTK in bioethical literature on informed consent claim that patients generally have the right to refuse medically relevant information. In this article we extend the application of the RNTK to online (...) privacy. We then argue that if internet users can be thought of as exercising their RNTK before consenting to privacy policies, their consent ought to be considered free of the standard charges leveled against it by critics. (shrink)

This essay argues that there are theoretical benefits to keeping distinct—more pervasively than the literature has done so far—the psychological states of imagining that p versus believing that in-the-story p, when it comes to cognition of fiction and other forms of narrative. Positing both in the minds of a story’s audience helps explain the full range of reactions characteristic of story consumption. This distinction also has interesting conceptual and explanatory dimensions that haven’t been carefully observed, and the two mental state (...) types make distinct contributions to generating emotional responses to stories. Finally, the differences between the mental states illuminate how a given story can be both shared with others and at the same time experienced as personal. (shrink)

In the long line of French Sade studies, Deleuze's essay Coldness and Cruelty marks out a special place. By discussing Masoch both in addition to and in contrast to Sade, Deleuze reveals the stakes of his book: he wants to unmask the concept of sadomasochism as a clinical nonentity. In their paper, the authors explain the arguments supporting this project and show their relation to Deleuze's reading of Bergson. They then argue that there is a second, similarly Bergsonian criticism of (...) Freudian psychoanalysis operating in the background of Coldness and Cruelty. This more wide-ranging criticism takes Freud to task for conceiving perversion, like neurosis, in Oedipal terms. This conception, Deleuze holds, forgets that perversion and neurosis represent two different worlds that essentially have nothing to do with each other despite crossing in clinical experience. (shrink)

Bryan W. Van Norden lambastes academic philosophy for its Eurocentrism and insularity and challenges educational institutions to live up to their cosmopolitan ideals. Taking Back Philosophy is at once a manifesto for multicultural education, an accessible introduction to Confucian and Buddhist philosophy, and a defense of the value of philosophy.

Metaethics: A Contemporary Introduction provides a solid foundation in metaethics for advanced undergraduates by introducing a series of puzzles that most metaethical theories address. These puzzles involve moral disagreement, reference, moral epistemology, metaphysics, and moral psychology. From there, author Mark van Roojen discusses the many positions in metaethics that people will take in reaction to these puzzles. Van Roojen asks several essential questions of his readers, namely: What is metaethics? Why study it? How does one discuss metaethics, given its inherently (...) controversial nature? Each chapter closes with questions, both for reading comprehension and further discussion, and annotated suggestions for further reading. (shrink)

This text gives examples of how a different kind of human experience may be explored, and how the methods used for investigating phenomena may contribute to the process of human understanding.

This edited collection explores the problem of violence from the vantage point of meaning. Taking up the ambiguity of the word ‘meaning’, the chapters analyse the manner in which violence affects and in some cases constitutes the meaningful structure of our lifeworld, on individual, social, religious and conceptual levels. The relationship between violence and meaning is multifaceted, and is thus investigated from a variety of different perspectives within the continental tradition of philosophy, including phenomenology, post-structuralism, critical theory and psychoanalysis. Divided (...) into four parts, the volume explores diverging meanings of the concept of violence, as well as transcendent or religious violence- a form of violence that takes place between humanity and the divine world. Going on to investigate instances of immanent and secular violence, which occur at the level of the group, community or society, the book concludes with an exploration of violence and meaning on the individual level: violence at the level of the self, or between particular persons. With its focus on the manifold of relations between violence and meaning, as well as its four part focus on conceptual, transcendent, immanent and individual violence, the book is both multi-directional and multi-layered. (shrink)

This book develops a view of logic as a theory of information-driven agency and intelligent interaction between many agents - with conversation, argumentation and games as guiding examples. It provides one uniform account of dynamic logics for acts of inference, observation, questions and communication, that can handle both update of knowledge and revision of beliefs. It then extends the dynamic style of analysis to include changing preferences and goals, temporal processes, group action and strategic interaction in games. Throughout, the book (...) develops a mathematical theory unifying all these systems, and positioning them at the interface of logic, philosophy, computer science and game theory. A series of further chapters explores repercussions of the 'dynamic stance' for these areas, as well as cognitive science. (shrink)

Artificial intelligence and normative ethics: Who is responsible for the crime of LAWS? In his text “Killer Robots”, Robert Sparrow holds that killer robots should be forbidden. This conclusion is based on two premises. The first is that attributive responsibility is a necessary condition for admitting an action; the second premise is that the use of killer robots is accompanied by a responsibility gap. Although there are good reasons to conclude that killer robots should be banned, the article shows that (...) Sparrow's argument for the ban is not correct. (shrink)

This paper explains a fallacy that often arises in theorizing about human minds. I call it the Factual Belief Fallacy. The Fallacy, roughly, involves drawing conclusions about human psychology that improperly ignore the large backgrounds of mostly accurate factual beliefs people have. The Factual Belief Fallacy has led to significant mistakes in both philosophy of mind and cognitive science of religion. Avoiding it helps us better see the difference between factual belief and religious credence; seeing that difference in turn enables (...) us to pose interesting normative questions about various mental states labeled “belief.”. (shrink)

How are we to appraise new technological developments that may bring revolutionary social changes? Currently this is often done by trying to predict or anticipate social consequences and to use these as a basis for moral and regulatory appraisal. Such an approach can, however, not deal with the uncertainties and unknowns that are inherent in social changes induced by technological development. An alternative approach is proposed that conceives of the introduction of new technologies into society as a social experiment. An (...) ethical framework for the acceptability of such experiments is developed based on the bioethical principles for experiments with human subjects: non-maleficence, beneficence, respect for autonomy, and justice. This provides a handle for the moral and regulatory assessment of new technologies and their impact on society. (shrink)

In het kader van de Leerstoel Rector Dhanis (UFSIA, Antwerpen) werd door een studiegroep bestaande uit artsen en verpleegkundigen, ethici en juristen, een interdisciplinaire studie ondernomen over 'klinische ethiek' en 'hoe recht en politiek omgaan met problemen die thuishoren in de klinische praktijk'. In deze bundel wordt het ethische denken in een aantal casussen betreffende neonatalen en dementerenden kritisch besproken. De adviezen van het Raadgevend Comite voor Bio-Ethiek over sterilisatie van mentaal gehandicapten en over klonering worden onderzocht op hun relevantie (...) voor de klinische praktijk. (shrink)

In a book that will appeal to a general audience as well as philosophers of religion, a leading metaphysician tackles fundamental theological problems in a lucid and engaging manner. Peter van Inwagen begins with a provocative new introduction exploring the question of whether a philosopher such as himself is qualified to address theological matters. The chapters that follow take up the central problem of evil in a world created and sustained by God.

A speaker's use of a declarative sentence in a context has two effects: it expresses a proposition and represents the speaker as knowing that proposition. This essay is about how to explain the second effect. The standard explanation is act-based. A speaker is represented as knowing because their use of the declarative in a context tokens the act-type of assertion and assertions represent knowledge in what's asserted. I propose a semantic explanation on which declaratives covertly host a "know"-parenthetical. A speaker (...) is thereby represented as knowing the proposition expressed because that is the semantic contribution of the parenthetical. I call this view parentheticalism and defend that it better explains knowledge representation than alternatives. As a consequence of outperforming assertoric explanations, parentheticalism opens the door to eliminating the act-type of assertion from linguistic theorizing. (shrink)

This paper is dedicated to a discussion of Gilles Deleuze’s Coldness and Cruelty and its special place in French Sade studies. In this text, Deleuze famously argues against the notion of ‘sadomasochism’ as a unity. Sadism and masochism are, on his view, two entirely separate and incompatible ways of making use of pain and suffering in perversion. What is less known about Deleuze’s text is that he argues, against the current in French philosophy, psychiatry, and even intuition, that the essence (...) of sadism is a kind of thinking rather than a pleasure in causing pain to others. In this essay, we try to make sense of the idea that the sadist, at heart, is a metaphysician who thinks by means of suffering and indifference. Our paper also addresses the related concern about how to account for the properly sexual nature of this metaphysical perversion. We argue that the sexuality of thinking is rooted in pre-genital sexual life as described by Freud in his Three Essays on the Theory of Sexuality. (shrink)

William Whewell’s 19th century philosophy of science is sometimes glossed over as a footnote to Kant. There is however a key feature of Whewell’s account worth noting. This is his appeal to Aristotle’s form/matter hylomorphism as a metaphor to explain how mind and world merge in successful scientific inquiry. Whewell’s hylomorphism suggests a middle way between rationalism and empiricism reminiscent of experience pragmatists like Steven Levine’s view that mind and world are entwined in experience. I argue however that Levine does (...) not adequately explain exactly how mind and world entwine. He could nonetheless do so if he appealed to Whewell’s hylomorphic metaphor. We may prefer a reductive metaphysical explanation, but I suggest that pragmatists only have recourse to metaphor in this case. Both reductive and metaphorical explanations can enjoy great explanatory power if they exhibit a suitable measure of what I will call sematic distance. Semantic distance measures how close or how far apart explanandum and explanans are from each other in meaning. Metaphorical explanation - as evident in Whewell’s hylomorphism and as detailed via the notion of semantic distance - presents a valuable new explanatory tool to those who hold that mind and world are entwined sans recourse to metaphysics. (shrink)

The decades immediately following the Second World War saw extensive interest in the literary novels of Sade. Compared with the Sade studies of Maurice Blanchot, Jacques Lacan, and Gilles Deleuze, Simone de Beauvoir offers a unique perspective in her essay Must We Burn De Sade?. Indeed, unlike her contemporaries, Beauvoir focuses not only on Sade's prose but also on Sade's life and the relationship between Sade's life and literature. The latter is interpreted in two different ways. Thus, Beauvoir uses at (...) least three different perspectives to understand the Marquis de Sade. In our essay, each of these three approaches, not clearly distinguished by Beauvoir's interpreters, will be discussed separately. This discussion will be linked to the important point that Beauvoir mentions three different notions of sadistic enjoyment. It will be argued that the distinction between these different notions coincides with the distinction between the three perspectives Beauvoir uses in her reading of Sade. We will evaluate both how Beauvoir's study on Sade is related to her existentialist philosophy, and the relationship between Must We Burn De Sade? and the studies of Beauvoir's contemporaries, a relationship which is neglected by most scholars in continental philosophy. (shrink)

I identify two versions of the scientific anti-realist’s selectionist explanation for the success of science: Bas van Fraassen’s original and K. Brad Wray’s newer interpretation. In Wray’s version, psycho-social factors internal to the scientific community – viz. scientists’ interests, goals, and preferences – explain the theory-selection practices that explain theory-success. I argue that, if Wray’s version were correct, then science should resemble art. In art, the artwork-selection practices that explain artwork-success appear faddish. They are prone to radical change over time. (...) Theory-selection practices that explain theory-success in science are however not faddish. They are mostly stable; that is, long-lived and consistent over time. This is because scientists (explicitly or implicitly) subscribe to what I will call the testability norm: scientific theories must make falsifiable claims about the external physical world. The testability norm and not psycho-sociology explains the theory-selection practices that explain theory-success in science. Contra Wray, scientific anti-realists can then maintain that the external physical world (as expressed in the testability norm) explains theory-success. (shrink)