Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...) the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases.The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. (shrink)

The word ‘empowerment’ has become a popular term, widely used as an important claim, also within the health services. In this paper the concept's philosophical roots are traced from Freire and his ‘Pedagogy of the Oppressed’ to the philosophical thoughts of Hegel, Habermas, and Sartre. An understanding of the concept, as a way to facilitate coping and well‐being in patients through reflection and dialogue, emerges. Within an empowerment strategy the important claim on the nurse and the patient will be to (...) reveal the patient's own resources and limitations in times with sickness and reduced functionality to promote the patient's choice to act and cope. From this point of view an education‐programme for the frail elderly is outlined. If the nurse wants to empower the elderly patient she has to be willing to be educated through the dialogue with the patient, and to look for the patient's own meaning of being frail and elderly. The coping and self‐care solutions for the patient may then even be different from the preferences of the nurse, and this does not mean that the empowerment strategy is a failure or that the patient then has to continue without the assistance from the nurse. Within an empowerment strategy, in the Freirerian sense, the important thing is that both the patient and the nurse together critically reflect on the meanings of the sickness so that the patient can be able to make his own conscious choices. (shrink)

This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formalisation of (...) RBL, to make RBL suitable for dealing with QCR. The paper concludes with a brief discussion of related work. (shrink)

While working on an auto-ethnographic account of my deafness and concurrently offering a seminar on the philosophical dimensions of Pierre Bourdieu’s work, I was struck by how permeated my ethnographic language was with the very Bourdieu-ian concepts I was examining. Initially, some of the moments captured in the ethnography played docilely a function of exemplification of Bourdieu’s theories and the philosophies behind them. At times, however, I found that my description of certain states of being/hearing invited a more complex three-way (...) conversation, pointing to some productive tensions between the anthropological, sociological and philosophical dimensions of critical thought. (shrink)

This paper correlates community service goals from 82 business firms with various organizational characteristics, including goals, niches, structure, context, and performance. The results demonstrate that community-service goals are positively correlated with prestige goals, assets goals, superior-design niche, net assets size, and performance on income to net assets. Community-service goals, however, were not significantly correlated with profit goals, low-price niche, multiplicity of outputs, workflow continuity, qualifications, or centralization, as expected.

Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.

This article argues that it is possible to hold autonomous agents themselves, and not only their makers, users or owners, responsible for the acts of these agents. In this connection autonomous systems are computer programs that interact with the outside world without human interference. They include such systems as ‘intelligent’ weapons and self-driving cars. The argument is based on an analogy between human beings and autonomous agents and its main element asserts that if humans can be held responsible, so can, (...) in principle, autonomous agents, as humans are more like autonomous agents than is often assumed. (shrink)

This article describes how the facts in social reality take an intermediate position between objective facts and purely subjective ‘facts’. In turn, these social facts can be subdivided into constructivist and non-constructivist facts. The defining difference is that non-constructivist facts are completely determined by an approximate consensus between the members of a social group, while constructivist facts are founded in such a consensus but can nevertheless be questioned. Ought fact are such constructivist facts. Because they are founded in social reality, (...) a naturalistic theory of ought facts is attractive. Because constructivist facts are always open to questioning, we can explain why the facts in social reality may found ought facts but are nevertheless not the final word about them. (shrink)

Any account of “what is special about the human brain” (Passingham 2008) must specify the neural basis of our unique ability to produce speech and delineate how these remarkable motor capabilities could have emerged in our hominin ancestors. Clinical data suggest that the basal ganglia provide a platform for the integration of primate-general mechanisms of acoustic communication with the faculty of articulate speech in humans. Furthermore, neurobiological and paleoanthropological data point at a two-stage model of the phylogenetic evolution of this (...) crucial prerequisite of spoken language: (i) monosynaptic refinement of the projections of motor cortex to the brainstem nuclei that steer laryngeal muscles, presumably, as part of a “phylogenetic trend” associated with increasing brain size during hominin evolution; (ii) subsequent vocal-laryngeal elaboration of cortico-basal ganglia circuitries, driven by human-specificFOXP2mutations.;>This concept implies vocal continuity of spoken language evolution at the motor level, elucidating the deep entrenchment of articulate speech into a “nonverbal matrix” (Ingold 1994), which is not accounted for by gestural-origin theories. Moreover, it provides a solution to the question for the adaptive value of the “first word” (Bickerton 2009) since even the earliest and most simple verbal utterances must have increased the versatility of vocal displays afforded by the preceding elaboration of monosynaptic corticobulbar tracts, giving rise to enhanced social cooperation and prestige. At the ontogenetic level, the proposed model assumes age-dependent interactions between the basal ganglia and their cortical targets, similar to vocal learning in some songbirds. In this view, the emergence of articulate speech builds on the “renaissance” of an ancient organizational principle and, hence, may represent an example of “evolutionary tinkering” (Jacob 1977). (shrink)

In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to (...) argue for a strict logical distinction between rules and principles. Ever since, there has been a controversy whether the intuitive differences between rules and principles require a strict logical distinction between the two. For instance, Soeteman (1991) disagrees with Dworkin's opinion, and argues that rules and principles cannot be strictly distinguished, and do not have a different logical structure. (shrink)

The policy projected by the Eighth Congress of the Socialist Unity Party of Germany rests on two cornerstones. First, there is the task of further raising the material and cultural living standard of the people on the basis of the higher rates of development of socialist production which result from increased efficiency, scientific-technological progress, and a rise in labor productivity. Second, there is the foreign policy task decided jointly with the Soviet Union and other fraternal socialist countries: "to create favorable (...) external conditions for the building of socialism, to further the strengthening of the community of socialist states, to strengthen international solidarity with peoples fighting for their freedom, to realize the Leninist principles of peaceful coexistence between states having different social systems, and to struggle actively against aggressive imperialism." (1. (shrink)

We assume—in contrast to many “legal realists”—that law is a part of reality. Law exists because people believe in law, but law is not identical with beliefs. Law supervenes on human beliefs, preferences, actions, dispositions and artefacts. Moreover, the morally binding personal interpretation of the law supervenes on two things together: on the individual's knowledge of legal institutions and on moral obligation. The first supervenes in its turn on mutual beliefs; the second supervenes on motivations and dispositions of the individual, (...) provided that she is morally sensitive and rational. Personal interpretation of law converts into social law, if other persons on the basis of overriding reasons do not contest it. Morally binding social law supervenes on moral motivation that is triggered by institutions that supervene on mutual beliefs. (shrink)

The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, (...) and is therefore unsuitable to deal with legal reasoning. A logic that is more suitable should take into account that law is a part of social reality, in particular a part that consists of constructivist facts, and that rules play a central role in law. This article gives a superficial description of how social reality exists and of the place of law and legal rules in it. It uses this description to argue that traditional techniques to reason with and about legal rules provide a better logic for law than classical logic. These techniques can be accommodated in a logic that treats rules as logical individuals. (shrink)

This contribution elaborates the idea that norms are rules that lead to deontic consequences. Rules are one kind of constraints on possible worlds. They determine which facts necessarily go together or cannot go together. Three kinds of rules are distinguished: dynamic rules which attach consequences to the occurrence of events, fact-to-fact rules which attach one fact to the presence of some other fact, and counts-as rules, which make that some things also count as something else. Deontic facts are facts that (...) tend to induce a motivation to comply with them in agents to which they apply. A distinction is made between two kinds of basic deontic facts—the existence of duties and of obligations—and two kinds of supervening deontic facts: being obligated and owing to do something. Some norms lead to obligations, and others impose duties. (shrink)

This paper develops the theory that a set of rules is consistent if it is not possible that (1) the conditions of the rules in the set are all satisfied, (2) there is no exception to either one of the rules, and (3) the consequences of the rules are incompatible. To this purpose the notion of consistency is generalised to make it cover rules and is relativised to some background of constraints.This theory is formalised by means of Rule Logic, in (...) which rules are treated as constraints on the possible worlds in which they exist. Rule Logic itself is introduced by giving a model-theory for it. It is characterised by means of constraints on worlds that are possible according to Rule Logic. (shrink)

My main claim in this article is that lawyers should make less use of the hermeneutical method than they do. The reasons that I will adduce to support this claim are the following: law is first and foremost an answer to the question of how to act and, more in particular, the question of which rules to enforce by collective means. As such, law does not coincide with positive law. Nevertheless, positive law determines the content of the law to a (...) large extent. It does so for two reasons. The first reason is that positive law contributes to legal certainty and that legal certainty is very important for the question concerning which rules should be enforced by collective means. The second reason is that respect for positive law, which was created by democratic bodies, implies respect for democracy. However, positive law can only contribute to legal certainty if its application is predictable. If positive law can be interpreted in more than one way, its application will not be predictable. In that case, positive law is not relevant for the content of the law tout court. Theories about the interpretation of positive law are particularly relevant where positive law can be interpreted in different ways, that is where positive law is not relevant for the content of the law tout court. Therefore, hermeneutical theories are not relevant for the content of the law and lawyers should not waste their time on them. A similar argument can be given for the democratic legitimation of positive law. (shrink)

De bijdragen in deze bundel zijn een uitwerking van een symposium over Erasmus (1467/69-1536), georganiseerd door Driestar hogeschool naar aanleiding van zijn vijfhonderd jaar geleden verschenen Griekse editie van het Nieuwe Testament. Deze Bijbeltekst gold eeuwenlang als de standaard. Verschillende vertalingen zijn hierop gebaseerd, waaronder de Statenvertaling. Erasmus hield zich verder intensief bezig met de vraag hoe de religieuze verdeeldheid kon worden opgeheven. Zijn opvattingen over opvoeding en onderwijs blijken ook invloedrijk onder gereformeerde pedagogen in de zeventiende eeuw. De auteurs (...) illustreren niet alleen Erasmus? veelzijdigheid en zijn betekenis als christenhumanist, maar schenken ook aandacht aan zijn onderbelicht gebleven invloed binnen de protestants-christelijke traditie. (shrink)

After Napoleon's final defeat of 1815 and before the beginnings of the second great wave of French colonialism in the 1830s, during a period of great internal political crisis, French society produced an object called The Death of Sardanapalus. This painting represented what was then a somewhat familiar figure, the "Oriental," an outsider behaving badly and set to die for it.Based on the mimetic theory, this essay argues that in the relation it determines with its viewers, this painting's representation of (...) violence is a form of ritualistic activity, one that allows for contained and predictable events of unifying violence against outsiders. Among the effects of the French political conflicts was a crisis in such... (shrink)

This paper deals with the questions of whether the law should be coherent and what this coherence would amount to. In this connection so‐called “integrated coherentism” is introduced. According to integrated coherentism, an acceptance set is coherent if and only if it contains everything that should rationally be accepted according to what else one accepts and does not contain anything that should rationally be rejected according to what else one accepts. Such an acceptance set is ideally a theory of everything, (...) including amongst others standards for rational aceptance. On the assumption that the law, as a social phenomenon, is what the best theory about the law says it is, the law must be coherent, because the best theory of the law is part of an integratedly coherent theory of everything. This view is compatible with Raz's view that the law stems from different sources that need not be coherent in the sense that they consistently elaborate the same underlying principles or policies. Raz's view is not a consequence of integrated coherentism, however. (shrink)

This article is concerned with some of the ramifications of the affective dimension of Fanon’s writing. In their latest book, Commonwealth, Michael Hardt and Antonio Negri take Fanon’s attempt to transcend European universality through the struggle for a ‘new universality’ as an exemplary schema that informs their politics of alter-modernity. In the article, I show that the affective dimension of Fanon’s search for a new universality is far more anti- than alter-European, albeit in an ambivalent way. I analyse how this (...) difference between an affective ‘anti’ and an intellectual ‘alter’ arises in Fanon’s analysis and experience of racism. I refer to this particular experience as mis-interpellation and analyse the equally particular affect it generates. More generally, I show that if one is to make use of Fanon’s work today one cannot separate the intellectual and the affective that are so intertwined in his analytical work as Hardt and Negri do. To do so is to abstract from the serious political ramifications that the presence of this affective dimension entails. (shrink)

This paper deals with two issues in the field of reasoning by analogy in the law. The one issue is whether there exists such a thing as analogous rule application, or whether there is only the ‘normal’ application of a broadened rule. It is argued that if rules, as the entities made by a legislator, are distinguished from generalised solutions for cases, the idea of analogous application of rules makes sense. It is also shown how the so-called ‘reason-based model of (...) rule application’, in contrast to the traditional modus ponens or subsumption model, makes it easy to give a logical account of analogous rule application. The other issue is how to argue logically about whether two cases are sufficiently similar to adopt the outcome of the one case for the other case. Section 3 provides a general logical model to establish this. The model is based on the comparison of the reasons for and against a particular solution in the two cases. (shrink)

This paper gives a logical characterization of the interrelation between law and morals. To this purpose it first outlines a logic for defeasible reasoning with rules and principles and illustrates the operation of this logic in the field of law. Then it offers a brief argument why law and morals are interrelated. This paper ends by showing how the logic for defeasible reasoning provides tools to logically characterize some aspects of the interrelation between law and morals.

Objectives: Technology can assist and support both people with dementia and caregivers. Recently, technology has begun to embed remote components. Timely with respect to the pandemic, the present work reviews the most recent literature on technology in dementia contexts together with the newest studies about technological support published until October 2020. The final aim is to provide a synthesis of the timeliest evidence upon which clinical and non-clinical decision-makers can rely to make choices about technology in the case of further (...) pandemic waves.Methods: A review of reviews was performed alongside a review of the studies run during the first pandemic wave. PsycInfo, CINAHL, and PubMed-online were the databases inspected for relevant papers published from January 2010.Results: The search identified 420 articles, 30 of which were reviews and nine of which were new studies meeting the inclusion criteria. Studies were first sorted according to the target population, then summarized thematically in a narrative synthesis. The studies targeting technologies for PWD were categorized as follows: monitoring and security purposes, sustaining daily life, and therapeutic interventions. Each category showed potential benefits. Differently, the interventions for caregivers were classified as informative, psycho-education programs, psychosocial-supportive, therapeutic, and cognitive/physical training. Benefits to mental health, skills learning, and social aspects emerged.Conclusions: The evidence shows that technology is well-accepted and can support PWD and caregivers to bypass physical and environmental problems both during regular times and during future pandemic waves. Nevertheless, the lack of a common methodological background is revealed by this analysis. Further and more standardized research is necessary to improve the implementation of technologies in everyday life while respecting the necessary personalization. (shrink)

Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science is a social enterprise and this should be consid- ered in attempts to understand it. Based on these, a picture of doctrinal legal science is given consisting of parallel distributed constructions (...) of consistent, comprehensive and ex- pansive sets of legal beliefs. Given this, seeming weaknesses of doctri- nal legal science turn out to be actual strengths. (shrink)

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a (...) lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where 'positive' law is discussed, the emphasis is on the legal questions that must be addressed by a field of law, and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed. (shrink)

This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation.