The paper concerns the following two questions: (i) is the general exclusive norm a proper legal norm? (ii) if the general exclusive norm is a proper legal norm, is it universally valid? It will be held that the general exclusive norm is a proper legal norm and not a logical principle. Therefore, as a legal norm, it can be said to be valid or invalid. The answer to (...) the second question will be negative: the general exclusive norm, as a proper legal norm, is valid only in those legal systems in which it is positively established. (shrink)

In contemporary social ontology, normative attitudes are often regarded as the essential element to account for the existence of the social/normative realm. However, by emphasizing their foundational explanatory role, philosophers have been led to overlook or misrepresent some aspects of their structure. The first part of this paper attempts to offer a more proportioned analysis of the structure of normative attitudes; according to it, normative attitudes are essentially _sanctions_ that have a _projective_ or _generalizing_ aim, that is, sanctions that manage (...) to point beyond the acts they directly target. The second part of the paper engages in a polemic with two prominent authors in the social-ontology/normativity debate, Brandom and Searle, and shows that, by building their views on normative attitudes with the almost exclusive purpose of meeting foundational explanatory constraints, they fail to adequately conceptualize crucial aspects that make normative attitudes normative at all. (shrink)

In some cultures, people tend to believe that it is very important to be sexually exclusive in romantic relationships and idealise monogamous romantic relationships; but there is a tension in this ideal. Sex is generally considered to have value, and usually when we love someone we want to increase the amount of value in their lives, not restrict it without good reason. There is thus a call, not yet adequately responded to by philosophers, for greater clarity in the reasons (...) §why it might be reasonable for a couple to adopt a policy of sexual exclusivity. This article argues that we cannot justify the demand for sexual exclusivity by a need to protect the relationship from the risk of one partner ‘trading-up’, or by appealing to jealousy. However, sexual exclusivity can be intelligible if it supports the romantic relationship and helps to distinguish it from other relationships. Nonetheless, sexual exclusivity ought not to be the hegemonic social norm that it currently is in some societies because this diminishes the potential value it might have and gives the idea of faithfulness the wrong focus. (shrink)

The concept of lying is generally assumed to be closely related to the concept of assertion. However, the literature on lying has focused almost exclusively on lies expressed by unqualified assertions. Sometimes a speaker chooses to qualify her assertion by hedging, making her utterance a hedged declarative. This paper defends the thesis that lies can be expressed by untruthful hedged declaratives, and explores the implications of this thesis for the definition of lying. Many standard approaches to the definition of lying (...) allow lies to be expressed by untruthful hedged declaratives, which may explain why these cases have been ignored in the literature. However, untruthful hedged declaratives present a problem for a recently-proposed theory that analyzes lying in terms of the Knowledge Norm of Assertion. According to this theory, a necessary condition on lying is that in asserting that p, the speaker represents herself as knowing that p; however, in making an untruthful hedged declarative a speaker represents herself as having an epistemic attitude weaker than knowledge. The fact that such a theory fails to adequately explain untruthful hedged declaratives provides a reason to prefer alternative theories of lying. The discussion draws out some important observations about the concepts of lying, assertion, belief, and the relations between them. (shrink)

Normative research has nearly vanished from the academic ‘mainstream’ in accounting. Due to its prescriptive and value-driven approach, normative accounting research has been stigmatized as being unscientific and largely replaced by positive studies. We put this stigma into perspective. We first conceptualize the ‘positive-normative’ distinction and identify this dichotomy in accounting research history. We then challenge the dogmatic confinement of science to descriptive (positive) approaches. Moreover, we debate the basic conditions for normative accounting research and conclude that methodological and epistemological (...) pluralism in accounting research may help address a wide range of potential research questions. We point out that normative research approaches are essential in an applied science such as accounting, lest practical implications and prescriptions are to be the exclusive domain of accounting practice. (shrink)

This chapter presents a series of experiments that elicit causal judgments using statements that do not include the verb "to cause". In particular, our interest is in exploring the extent to which previously observed effects of normative considerations on agreement with what we call "cause"-statements, i.e. those of the form "X caused ..." extend as well to those of the form "X V-ed Y", where V is a lexical causative. Our principal finding is that in many cases the effects do (...) not extend in this way, and moreover that the cases where we do find the same pattern are those where the causal verb used has a negative valence of its own. We draw two main conclusions from this finding. First, it reveals how the almost exclusive focus on "cause"-statements in the experimental study of causal judgment has led to findings that are unrepresentative of the full range of ordinary causal thinking, and provides a proof of concept as to how this thinking can be studied in its full variety. Second, the results of our experiments provide significant indirect support for the contention that the effect of moral considerations on agreement with "cause"-statements reflect the fact that these statements are most often used to assign responsibility for an event, and not just to describe the causal structure of what happened. It is not causal judgments in general that result from a process in which normative considerations play a role, but perhaps only those judgments that express a determination of moral responsibility. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

This paper engages with a specific problem concerning the relationship between descriptive and normative claims. Namely, if we understand that descriptive claims frequently contain normative assertions, and vice versa, how then do we interpret the traditionally rigid distinction that is made between the two, as ’Hume’s law’ or Moore’s ’naturalistic fallacy’ argument offered. In particular, Kripke’s interpretation of Wittgenstein’s ’rule-following paradox’ is specially focused upon in order to re-consider the rigid distinction. As such, the paper argues that if descriptive and (...) normative claims are not mutually exclusive, then we need a new framework with which to understand this relationship. In this regard, the paper borrows from concerns with vagueness, particularly using a degree-theoretic approach in terms of subjective probability, in an attempt to graphically figure out these differences. Consequently, the paper tentatively proposes the hyperbola model in which degrees of normativity and degrees of descriptivity could be expressed and measured. It is hoped, as a result, that this tentative proposal will contribute to deepening the debate on vagueness in general. (shrink)

There has been much discussion concerning the consequences of 'going natural', i.e., of replacing a priori epistemology with empirical psychology. Traditionalists claim that a naturalized epistemology is not viable—to eliminate the normative from an account of knowledge is to cease to do epistemology at all. Naturalists claim that a naturalized account is the only viable one—assuming, in step with the urgings of Quine, that there are no standards independent of (and external to) science, science itself must act as the sole (...) epistemic norm. In the wake of the above debate some epistemologists have attempted to argue in favor of, and develop, a middle-ground position— normative naturalism . Such a position is intended to be consistent with the naturalist's intuition that the traditional search for a 'first philosophy'is misguided and consistent with the traditionalist's intuition that a complete elimination of the normative would leave epistemology impotent. In this paper I will examine one argument in favor of a normative naturalism . / will show that such a proposal is inherently problematic and argue that naturalism and normativity are mutually exclusive concepts. Therefore, I suggest that, even in the 'age of cognitive science', epistemologists continue to do traditional epistemology by attempting to develop, a priori , the general criteria for determining the justificatory status of our (scientific) beliefs. (shrink)

The paper argues that much of the difficulty with making progress on the issue of the normativity of logic for thought, as discussed in the literature, stems from a misapprehension of what logic is normative for. The claim is that, rather than mono-agent mental processes, logic in fact comprises norms for quite specific situations of multi-agent dialogical interactions, in particular special forms of debates. This reconceptualization is inspired by historical developments in logic and mathematics, in particular the pervasiveness of such (...) dialogical conceptions in the early days of logic in ancient Greece. The multi-agent, dialogical perspective then allows for the formulation of compelling 'bridge principles’ between the relation of logical consequence and dialogical normative principles, something that is notoriously difficult to achieve in a mono-agent setting pertaining exclusively to thought and belief. The upshot is also that the truth-preserving rules of logic generally do not have a primary normative bearing on mono-agent mental processes, and in this sense the paper sides with Harman's critique of the idea that logic has a normative import for thought and belief. (shrink)

Definition of the problemThe options of reproductive medicine are expanding. In some cases, it is unclear whether there is a medical indication for applying procedures of assisted reproduction or whether this application is wish-fulfilling. The distinction between medical indication and wish fulfilment depends on the concept of indication. Thus, the concept of indication has a special status in reproductive medicine. The distinction between medical indication and wish-fulfilling treatment is mostly based on implicit or explicit normative judgements, rather than on mere (...) clinical facts. The use of “indicated” suggests a purely empirical-clinical judgment, whereas the normative judgements behind the concept are concealed. The aim of this paper is to analyze the normative implications of indication in reproductive medicine. Therefore, the concept of indication and its special status within reproductive medicine is scrutinized.ArgumentsThe analysis shows that the normative implications of indication are tied to a sociocultural script of parenthood, which manifests in the regulations of reimbursement. This script encompasses societal views, norms, and role models, and can be described as “good parenting”. The script of good parenting acts as a regulatory instance that determines the access to procedures of assisted reproduction. It is based on traditional heteronormative concepts of marriage and family, and reserves reproduction exclusively for heterosexual, married couples.ConclusionThe sociocultural script of good parenting in reproductive medicine implies a contradiction: Assisted reproduction technologies provide the opportunity of reproduction for individuals outside the heteronormative frame, yet they are legitimized and limited by this exact frame. (shrink)

In this article we investigate how Latino immigrant farmers in the Mid-Atlantic region of the United States navigate United States Department of Agriculture programs, which necessitate standardizing farming practices and an acceptance of bureaucracy for participation. We show how Latino immigrant farmers’ agrarian norms and practices are at odds with the state’s requirement for agrarian standardization. This interview-based study builds on existing historical analyses of farmers of color in the United States, and the ways in which their farming practices and (...) racialized identities are often unseen by and illegible to the state. This disjuncture leads to the increased racial exclusion of immigrant farmers from USDA opportunities. Such exclusions impede the transition to a “new era of civil rights,” as has been proclaimed by USDA leadership. Although efforts to address institutionalized racism on a national level may be genuine, they have failed to acknowledge this schism between rural Latino immigrants and the state, thereby inhibiting a meaningful transition in the fields, and continuing a legacy of unequal access to agrarian opportunities for non-white immigrant farmers. (shrink)

This article explores how giving systematic attention to emotions could enhance grounded normative theory accounts. Grounded normative theory, and related approaches featuring an ‘ethnographic sensibility’, involve the conduct of original empirical research and/or analysis in the development of normative arguments. Each has been increasingly visible in normative political theory, focusing on moral claims in contexts such as migration, democratic practice, and grassroots struggles. Yet, while such approaches have sought to sensitively present experiences of injustice and exclusion within such contexts, they (...) have given relatively little attention to the emotional or ‘affective’ turn in normative theory and social science disciplines, where emotions are studied as integral to political/moral claims and the motivation of action. We highlight how a similar emphasis on emotions as integral to political and moral claims could enrich grounded normative theory, in part through presenting an illustrative analysis of emotional expressions by immigration detainees in the UK. We show how such analysis can expand normative inputs, and clarify or reveal normative issues arising in a given empirical context. We also highlight how grounded normative work could enrich normative treatments of political emotions. (shrink)

This paper advances the Hunt–Vitell General Theory of Marketing Ethics as a framework for enriching current understanding of both long-term marketing relationships in general, and principal-agent associations specifically. Under economic models of agency theory, manufacturer-distributor relationships are conceptualized as principal-agent associations where both parties are assumed be motivated exclusively by short-term financial self-interest within the logical constraints of zero-sum game conditions. As a general model of ethical decision making and behavior in marketing, the Hunt–Vitell theory illustrates how (...) ethical decisions are predicated not only upon estimations of potential benefits or outcomes (using teleological criteria), but also deontological evaluations which invoke norms and values. Furthermore, the recent ideas advanced in "relationship marketing" perspectives suggest that distribution channel associations premised upon non-zero-sum or symbiotic assumptions may be more effective and more jointly profitable. Based upon the Hunt–Vitell model, propositions are formulated that complement the understanding of agency theory within the context of marketing channel relationships, and thus, may represent a basis for more effective agency selection and interaction in marketing practice. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Hans KELSEN, le plus célèbre philosophe du droit issu du rang des juristes, est surtout connu pour avoir fondé une école juridique (l'Ecole de Vienne) qui radicalise la doctrine du positivisme juridique. Il a défendu, sa vie durant, une conception normativiste du droit et la thèse d'une stricte séparation entre le droit et la science du droit. Si l'on connaît bien en France son ouvrage programmatique sur la Théorie pure du droit, dans sa deuxième édition traduite par Charles Eisenmann, on (...) sait au moins que cette seconde édition, publiée en 1960, n'est pas l'expression définitive de sa pensée. La traduction de la Théorie générale des normes, qui est un ouvrage posthume et inachevé, donne au lecteur français l'occasion de découvrir cette pensée dans ses derniers développements qui rompent en partie avec ceux de l'œuvre précédente. Le Maître viennois y poursuit l'analyse de la norme juridique, entamée dans la Théorie pure du droit, mais il l'approfondit sur certains points et l'infléchit sur d'autres. Il introduit ainsi de nouvelles réflexions sur la signification de la norme et sur ses fonctions, sur l'application et l'interprétation de la norme et également sur le rapport entre la norme et le langage, insistant notamment sur la distinction entre la norme et l'énoncé sur la norme. Par ailleurs, il considère la religion et le droit comme deux ordres normatifs similaires, ce qui le conduit à proposer une théorie vraiment " générale " des normes et non pas seulement une théorie juridique des normes. Il avance une nouvelle interprétation de la norme fondamentale en recourant à l'idée de fiction juridique. Enfin, dans la dernière partie du livre, Kelsen donne le dernier état de sa pensée sur le problème majeur de l'application de la logique au droit. Rompant avec son logicisme antérieur, il nie l'existence d'une logique spécifique au droit et conteste l'application de la logique syllogistique au processus d'application du droit, renouant ainsi avec un volontarisme juridique qu'il avait rejeté au début de son œuvre. Dans cet ouvrage, sous couvert de bâtir une théorie générale des normes, Kelsen construit une théorie de l'interprétation des normes. Il propose donc une herméneutique juridique originale qui intéressera tous ceux qui étudient les sciences normatives (juristes, mais aussi théologiens et spécialistes de l'éthique). Il engage un dialogue avec les représentants anglo-américains de la philosophie du droit, de l'éthique ou de la logique, et il renoue le dialogue avec les auteurs influents à Vienne au début du siècle. (shrink)

The current European ‘migration crisis’ encompasses increasing rates of migration and the accompanying failure of migrants, including both economic migrants and refugees, to integrate. In this paper, I focus on a normative analysis of the entry fee immigration system, providing both an internal and external critique. In the internal critique, I take for granted that states are best understood as clubs. However, states seem to share greater similarities with clubs that are too exclusive to allow membership to be purchased. (...) In the external critique, I argue that imposing a substantial entry fee on club membership is impermissible if exclusion from membership deprives non-members of basic rights and interests, even if measures are taken to equalise their ability to pay. The upshot of the internal and external critique, I believe, is that membership ought not to be contingent on the payment of a fee, or more generally, the acceptance of current members. (shrink)

Despite the reality of intersex individuals whose biological markers do not necessarily all point towards a traditional binary understanding of either male or female, the vast majority of sports divide competition into categories based on a binary notion of biological sex and develop policies and regulations to police the divide. In so doing, sports governing bodies (SGBs) adopt an imperfect model of biological sex in order to serve their particular purposes, which, typically, will include protecting the fundamental sporting value of (...) fair competition. Yet, one potential consequence of enforcing such an approach would seem to be the exclusion or marginalization of individuals whose biological development does not fit within the binary model, whether due to genetics or through a choice to undergo medical intervention to better represent a chosen gender identity. Any such exclusion or marginalization will inevitably tend to undermine another fundamental value of sport, that of inclusivity. In the context of those with differences of sex development, SGBs appear to be faced with a difficult problem: dealing with a conflict between two fundamental values of sport. Different approaches to this problem have been suggested, with some academics proposing that sports organisations, in general, ought to prioritise fairness above, while others suggest the need to ‘balance’ competing values or even to prioritise inclusion over fairness. However, it is argued that any of these approaches are, in principle, justifiable as any sport should be free to prioritise or balance its own values. What seems more important for any SGB is the need for a rational and transparent justification of regulations that pursue fair competition at the expense of inclusivity. Furthermore, where fair competition and inclusivity are fundamental values, any such justification would seem to demand adherence to some basic norms. First, the regulations should be built on (and articulate) a consistent and principled basis of what ‘fair competition’ means in a particular sport. Second, any regulations should only exclude or restrict participation to the minimum degree necessary to achieve the sense of fair competition so articulated. Third, SGBs should be transparent about what their values are and where their priorities lie so that participants and other stakeholders are able to make an informed choice as to whether they wish to participate in, support, or be associated with a particular sport. With reference to the adoption of the Eligibility Regulations for Athletes with Differences of Sex Development (the ‘DSD Regulations’) by the International Association of Athletic Federations (IAAF), this article seeks to evaluate whether the approach of the IAAF satisfied these basic requirements. (shrink)

Why are the fundamentals of education apparently so little changed in our era of digital technology? Is their obstinate persistence evidence of resilience or obsolescence? Such questions can best be answered not by imagining an uncertain high-tech future, but by examining a well-documented past--a history of instruction and media that extends from Gilgamesh to Google. Norm Friesen looks to the combination and reconfiguration of oral, textual, and more recent media forms to understand the longevity of so many educational arrangements (...) and practices. Friesen examines the interrelationship of reading, writing, and pedagogy in the case of the lecture and the textbook--from their premodern to their postmodern incarnations. Over hundreds of years, these two forms have integrated textual, oral, and (more recently) digital media and connected them with changing pedagogical and cultural priorities. The Textbook and the Lecture opens new possibilities for understanding not only mediated pedagogical practices and their reform but also gradual changes in our conceptions of the knowing subject and of knowledge itself. Drawing on wide-ranging scholarship in fields as diverse as media ecology and German-language media studies, Foucauldian historiography, and even archaeological research, The Textbook and the Lecture is a fascinating investigation of educational media. (shrink)

The normative place of religion in liberal democracies is as contested as ever. This contestation produces understandable fears that liberal democratic institutions may ultimately be incompatible with religious forms of life. If this is so, if there is genuinely no hope that secular and religious citizens can equally take ownership over and identify with these institutions, then the future of democracy within pluralist societies seems seriously threatened. These fears commonly arise in debates concerning the liberal criterion of democratic legitimacy, according (...) to which citizens ought to justify the imposition of coercive policies on each other with reasons that everyone can reasonably accept. Since religious reasons are not generally acceptable to secular citizens and citizens of different faiths, endorsing this criterion entails accepting the claim that, for the purposes of political justification, public reasons should take priority over religious considerations. This claim has been vigorously criticized on two grounds. First, critics resist such a claim on the skeptical grounds that there is simply no such thing as public reasons, that is, a subset of reasons that all citizens can reasonably accept as having priority for justifying coercive policies. Second, critics contest the claim on the normative grounds that an unequal treatment of religious reasons for the purposes of political justification is unfair to religious citizens and is therefore incompatible with the core values of a liberal democracy. Against both lines of criticism, I articulate a defense of the priority of public reasons that is exclusively based on the normative commitments constitutive of liberal democratic institutions and which can therefore be reflectively endorsed by all democratic citizens, whether religious or secular. (shrink)

The general crisis of capitalism embraces all spheres of the life of society and, in the final analysis, is reflected in the life of each individual. The family is no exception in this regard. Problems of disorganization and disintegration of the family and marriage, the breakdown of traditional moral norms regulating familial and marital relationships and sexual behavior, have become subjects of close attention by philosophers, sociologists, educators, and physicians. The number of items published on these problems increases from (...) year to year. One is struck, in this regard, by the extreme diversity of criteria in the approaches to the study of these problems. Of course, this may be partially explained by the complexity of the subject under study. But in the case in point, the reason is primarily the presence of acute social contradictions in capitalist society itself, of methodological and ethical pluralism, and of the extreme contradictoriness of the initial theoretical positions characteristic of bourgeois social thought. For example, within a single collection, Sociology and Social Problems. A Conceptual Approach , one may find not only different but even mutually exclusive points of view on the same question. But for all the diversity of starting points, approaches and arguments, styles and methods of presentation, it is still possible to identify two common features that mark all such writings to some extent:1. The standards of consumer society are taken as model. Withrespect towoman's work in employment [outside the home], this is expressed in the attitude toward her career and her power . Development of parental roles in the family is associated with parents' capacities to assure, in the course of socializing their children, that they will subsequently advance. The relationships between spouses are regarded as harmonious only if a mutual attitude toward success outside the family and toward a high level of sexual activity, which creates a special kind of prestige, particularly for the man, is achieved. Consumerist attitudes are revealed, perhaps most vividly, in the approach to sexual behavior and corresponding norms of morality. Even in the writings of scholars striving for objectivity, overestimation of the significance and role of sexual activity is a factor. Most works are characterized by a spirit of negation of the traditional norms of sexual morality of Western European culture. (shrink)

Pauline Kleingeld has argued persuasively that Kant’s Principle of Autonomy draws an analogy between two relationships: 1) that between an individual agent and their maxim, and 2) that between a legislator and their legislation. She also suggests that Kant’s evolving views on the normative significance of popular elections made his analogy inapt, which explains its disappearance from his later writings. This comment concurs with Sorin Baiasu that the merits of Kant’s analogy were untouched by his evolving political views. The analogy (...) presupposes that when lawmakers legislate, they do so as representatives of the people, but even Kant’s mature writings posit that unelected lawmakers are representatives of the people in the necessary sense. Facts about whether a lawmaker acquired legislative authority by election, heredity, or conquest do have normative implications in the larger context of Kant’s political theory, but such facts are necessarily temporally upstream of the relation between legislator and legislation, just as facts about how an agent became rational are upstream of the relation between individual agent and maxim. Because the analogy focuses exclusively on these two relationships, it cannot be damaged by such upstream facts. Moreover, we should consider the possibility that Kant’s Principle of Autonomy compares a human will to the united general will of the people itself rather than to the will of a fallible public official or institution. On this alternative reading, it is even more clear that Kant’s evolving views on the significance of elections could have no possible relevance to the Principle of Autonomy. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the (...) relevant reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a (...) class='Hi'>general but explicit definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

Practical reason is the general human capacity for resolving, through reflection, the question of what one is to do. Deliberation of this kind is practical in at least two senses. First, it is practical in its subject matter, insofar as it is concerned with action. But it is also practical in its consequences or its issue, insofar as reflection about action itself directly moves people to act. Our capacity for deliberative self-determination raises two sets of philosophical problems. First, there (...) are questions about how deliberation can succeed in being practical in its issue. What do we need to assume — both about agents and about the processes of reasoning they engage in — to make sense of the fact that deliberative reflection can directly give rise to action? Can we do justice to this dimension of practical reason while preserving the idea that practical deliberation is genuinely a form of reasoning? Second, there are large issues concerning the content of the standards that are brought to bear in practical reasoning. Which norms for the assessment of action are binding on us as agents? Do these norms provide resources for critical reflection about our ends, or are they exclusively instrumental? Under what conditions do moral norms yield valid standards for reasoning about action? The first set of issues is addressed in sections 1-3 of the present article, while sections 4-5 cover the second set of issues. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

This volume illustrates both theoretically and empirically the differences between religious diversity and religious pluralism. It highlights how the factual situation of cultural and religious diversity may lead to individual, social and political choices of organized and recognized pluralism. In the process, both individual and collective identities are redefined, incessantly moving along the continuum that ranges from exclusion to inclusion. The book starts by first detailing general issues related to religious pluralism. It makes the case for keeping the empirical, (...) the normative, the regulatory and the interactive dimensions of religious pluralism analytically distinct while recognizing that, in practice, they often overlap. It also underlines the importance of seeking connections between religious pluralism and other pluralisms. Next, the book explores how religious diversity can operate to contribute to legal pluralism and examines the different types of church-state relations: eradication, monopoly, oligopoly and pluralism. The second half of the book features case studies that provide a more specific look at the general issues, from ways to map and assess the religious diversity of a whole country to a comparison between Belgian-French views of religious and philosophical diversity, from religious pluralism in Italy to the shifting approach to ethnic and religious diversity in America, and from a sociological and historical perspective of religious plurality in Japan to an exploration of Brazilian religions, old and new. The transition from religious diversity to religious pluralism is one of the most important challenges that will reshape the role of religion in contemporary society. This book provides readers with insights that will help them better understand and interpret this unprecedented transition. (shrink)

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...) legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

The aim of this paper is to create dialectical space for a hitherto under-discussed option in the philosophy of conspiracy theories. The extant literature on the topic almost exclusively assumes that conspiracy theories are a type of explanation. The typical mental attitude towards explanations is belief, a representational attitude that can be assessed as true, false, warranted or unwarranted. I call models based on this assumption alethic models. Alethic models can’t pick out conspiracy theories as a distinct class of mental (...) attitudes without latching onto their negative epistemic properties. The extant literature therefore finds itself in an unfortunate situation. It either has to presume that conspiracy theories are epistemically defective in general (generalism). Or it has to deny that conspiracy theories are a distinct class of mental attitudes. Conspiracy theories are then nothing more than theories, theories about conspiracies, and should be assessed on a case-by-case basis (particularism). Instead, this paper motivates the research program of narrative models. According to narrative models, conspiracy theories are first and foremost stories – structured fictions. And their relevant mental attitudes are the attitudes of fiction – make-believe and imagination. Fictions are not subjects to epistemic norms. They are neither rational nor irrational. Narrative models can therefore pick out conspiracy theories as a distinct class of mental attitudes without labeling them as defective in general. In addition, they are able to explain certain features of conspiracy discourse particularly well, and they offer new perspectives on the popularity of conspiracy theories and the means of intervention we have at our disposal. (shrink)

Abstract: Would a global commitment to international human rights norms provide enough of a sense of community to sustain a legitimate and sufficiently democratic global order? Sceptics worry that human rights cannot help maintain the mutual trust among citizens required for a legitimate political order, since such rights are now too broadly shared. Thus prominent contributors to democratic theory insist that the members of the citizenry must share some features unique to them, to the exclusion of others—be it a European (...) identity ( Habermas and Derrida 2003 ) or a national public culture generally shared only by the members ( Miller 1995, 2000 ). This essay considers and rejects these arguments. While stable, democratic redistributive arrangements do require trust and institutionalised means of trustworthiness; they need not rely on norms or values that distinguish members from non-members: such exclusion is not required. Thus human rights may be part of a common political identity. (shrink)

Although there are many points of continuity, there are also a number of changes in the pedagogical form of the anatomy lecture over the longue durée, over centuries of epistemic change, rather than over years or decades. The article begins with an analysis of the physical and technical arrangements of the early modern anatomy lecture, showing how these present a general underlying similarity compared to those in place today. It then goes on to consider examples of elements of speech (...) and presentation, description and illustration that are used in the biology lecture from the early modern (sixteenth to seventeenth centuries) and late modern (or contemporary) eras. The anatomy lecture thus demonstrates a basic physical and technical continuity in the classroom or theater, whereas the larger epistemic functions in which it is embedded have changed: from a descriptive, discursive function, focusing on individual organs and their physicality, to one that is more integrative, systemic and also performative in both form and content. (shrink)

We examine the impact of activated versus non-activated ethical norms on the aggressiveness of accounting decisions, in the presence of self-interest favoring aggressiveness. Using a case in which the accounting rules are ambiguous, we ask professional accountants to make an accounting decision as though they were in their own organization; we measure the ethical norms of their organization at the end of the experiment. Based on the focus theory of normative conduct, we argue that the general ethical norms of (...) the participants’ organizations are activated when the decision structure is such that the participant receives a recommendation from a subordinate, whereas those norms are not activated when the participant is making the decision alone. We find that higher ethical norms decrease aggressiveness when the decision maker receives a recommendation, whereas higher ethical norms have no impact on aggressiveness when the decision maker makes the decision alone. Our results demonstrate that general ethical norms, known to impact decisions having clear ethical content, can also curb accounting aggressiveness when these norms are activated. Furthermore, firm practices such as decision structure can activate norms. These findings are of interest to practitioners and regulators who seek to temper aggressive accounting. (shrink)

Moral reasoning typically informs environmental decision-making by measuring the possible outcomes of policies or actions in light of a preferred ethical theory. This method is subject to many problems. Environmental pragmatism tries to overcome them, but it suffers also from some pitfalls. This paper proposes a new method of environmental pragmatism that avoids the problems of both the traditional method of environmental moral reasoning and of the general versions of environmental pragmatism. We call it 'justificatory moral pluralism' - it (...) develops the intuition that normative ethical theories need not be mutually exclusive. This leaves room for important forms of pluralist environmental ethics that do not require a once-and-for-all prior commitment to an ethical theory when deciding about policies or courses of action related to the protection of the environment. Justificatory moral pluralism offers a viable solution to the recurrent conflicts between efficient environmental decisions and the need for moral reasoning. (shrink)

Responds to Leiter's naturalist/realist approach to jurisprudence - particularly his claim that such an approach implies exclusive positivism. Considers analogy with naturalized epistemology. "With regard to the first step the realists were anti-foundationalists in the sense that they 'denied that legal reasons justify a unique decision: the legal reasons underdetermine the decision '. The second step, the replacement suggests that instead of a justificatory account of adjudication, i.e. some prescription as to how judges should decide cases, the reaslists provided (...) an empirical description o fhow judges actually decide cases." Notes that positivists are generally commited to a moderate foundationalism by their acceptance of a RoR. "[T]he analogy with the epistemological anti-foundationalist thesis would suggest that foundationalism in law is committed to the view that if X is a legal norm, it is a legal norm in virtue of inference from self-validating foundations. There is nothing in this view that commits the legal foundationalist to the view that legal norms necessarily cover the entire practical domain, and therefor provide a determinate answer to every practical question...Now, if the anti-foundationl step fails, then we need not, indeed must not, take the second step, because if we take it, we will lsoe something of great importance for our understanding of law. If legal norms qua reasons are part of what determines the outcome of cases, then in order to understand how legal decisions are reached, we cannot disregard them." If Leiter rejects this moderate foundationalism, then it is in tension with his other claim that the realists were positivists. Goes on to argue that nothing in the realist program contributes to the hard vs. soft positivism debate and, in fact, does nothing to substantiate positivism. Offers brief explication of "positivism of norms". (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

This paper outlines an Husserlian, phenomenological account of the first stages of the acquisition of empirical knowledge in light of some aspects of Wilfrid Sellars’ critique of the myth of the given. The account offered accords with Sellars’ in the view that epistemic status is attributed to empirical episodes holistically and within a broader normative context, but disagrees that such holism and normativity are accomplished only within the linguistic and conceptual confines of the space of reasons, and rejects the limitation (...) of the relevant normativity to the cognitive domain. Attention to the phenomenological notion of motivations in our mapping of the structure and acquisition of empirical knowledge reveals a form of weak categoriality given in experience, one outside exclusive mediation by language and concepts but also not merely causal. Section 1 outlines some basic aspects of Sellars’ account of empirical knowledge in Empiricism and the Philosophy of Mind, including a regress objection that arises due to his claim that empirical knowledge presupposes knowledge of general facts about perception. Section 2 examines Sellars’ later revisiting of the objection, via his critique of Roderick Firth, in “The Lever of Archimedes,” focusing on his analysis of the “Myth of the Categorial Given” and his use of the notion of ur-concepts. Section 3 looks at Sellars’ psychological nominalism and his rejection of the explanatory primacy of experience in light of the strict dichotomy between the space of causes and the space of reasons, and shows how Firth’s account aligns with phenomenology in its advocating for an irreducible and non-inferential role for experience. It also raises an important objection to Sellars’ account concerning the categorial givenness of causality. Section 4 turns to Husserl, arguing that his conception of motivation in the Logical Investigations and Ideas II reveals a third explanatory or logical space “between” that of causes and that of reasons. Section 5 further develops this account with regard to the explanatory role of lived experience. Section 6 revisits the regress objection to Sellars from the phenomenological standpoint developed earlier in the paper, and argues that an Husserlian account of empirical knowledge offers a viable alternative to Sellars’ that overcomes the regress objection and gives proper explanatory weight to the evidence of lived experience vis-à-vis scientific presuppositions about causality. (shrink)

The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists (...) of its institution-guiding function. To capture the overlooked social-guiding function, a richer normative theory of justice is required; I show how such a theory can be supplied by “ideal-transitional” principles. (shrink)