Argumentation theorists often disagree about which scheme best represents a given type of argument. Unfortunately, authors sometimes become involved in fruitless pseudo-agreement because they fail to perceive that their supposedly competing schemes are means for achieving different practical or theoretical goals. This paper explains some of the different purposes that an argument scheme may serve, and it indicates how the relevant type of pseudo-disagreement may be avoided.

The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema is defended (...) from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque. (shrink)

Anglo-American authors have paid little attention to a subtle distinction that has important jurisprudential implications. It is the distinction between sources of law and the legal norms which can be derived from sources by means of interpretation. The distinction might also be rendered as a threefold one, separating sources of law from legal norms and both of these from that which mediates their relation, namely, methods of legal interpretation. This paper intends to state the “source-norm” distinction clearly and to give (...) examples of jurisprudential insights that are missed, and mistakes that may be made if the distinction is not given its due. (shrink)

“Deductivism” is a broad label for various theories that emphasize the importance of deductive argument in contexts of rational discussion. This paper makes a case for a very specific form of deductivism. The paper highlights the dialectical importance of advancing deductively valid arguments in natural-language reasoning. Sections 2 and 3 explain the various forms that deductivism has taken. Section 4 makes a case for a particular form of deductivism. Section 5 discusses the value of deductive argument in law. Section 6 (...) concludes and acknowledges critical questions that need to be addressed more fully in future work. (shrink)

Ordinary arguments from authority have the following structure: A says p; A is authoritative on such things; so p. Legal actors use such arguments whenever they ground their decisions on the sheer “say-so” of legislators, judges, scholars, expert witnesses, and so on. This paper focuses on arguments appealing to the authority of scholars, “doctrinal” or “dogmatic” legal scholars in particular. Appeal to doctrinal authority is a puzzling feature of legal argumentation. In what sense are doctrinal scholars “authorities”? Is p, as (...) advanced by a scholar, descriptive or prescriptive? Is scholarly authority grounded on expertise or something different? The paper addresses these questions. (shrink)

There is a remarkable difference between that which Anglo-American legal philosophers more or less unanimously regard as their subject matter and that which prominent Continental writers have emphasized as one of the main topics for jurisprudential discussion. The latter have often directed their attention to something quite specific: not law or the aforementioned law-related phenomena, but the study of law, or legal scholarship. In particular, Continental writers have been interested in legal scholarship as it is characteristically produced by law teachers. (...) Some phrases that may be used to describe this type of scholarship are “doctrinal legal scholarship”, “legal dogmatics”, and “legal science in a narrow a sense”. This paper explains why Anglo-American theorists should keep their minds open to the idea that jurisprudence may take the doctrinal study of law as its subject matter. It also attempts to explain what doctrinal legal scholarship is, and thus engages in precisely the type of jurisprudential inquiry that it is out to promote. (shrink)

Critics of Hartian legal positivism have characterized it as an error theory about judicial discourse —more precisely, about judicial argument in contexts of disagreement about proper interpretive methodology—. The critics have also suggested that Hartian positivism, like error theories in other areas of philosophy, is to be presumed false. The purpose of this paper is to give a precise account of the nature and extent of the error assigned to judges by Hartian positivists. It will be argued that Hartian positivism, (...) even if it can be understood as a form of error theory, should not be likened to, say, error theories in metaethics, where the relevant error is pervasive and mysteriously enduring.Resumen:Los críticos del positivismo jurídico hartiano han caracterizado este enfoque como una teoría del error sobre el discurso judicial —concretamente sobre la argumentación judicial en el contexto de desacuerdos relacionados con una metodología de interpretación apropiada—. Los críticos también han sugerido que el positivismo hartiano, al igual que otras teorías del error en otros campos de la filosofía, ha de ser tomada por falsa. El propósito de este artículo es ofrecer una explicación más cuidadosa de la naturaleza y alcance del error que los positivistas hartianos atribuyen a los jueces. Se argumentará que el positivismo hartiano, aun cuando pudiera ser entendida como una forma de teoría del error, no debería ser relacionada con, por ejemplo, teorías del error en metaética, donde el error relevante es omnicomprensivo y misteriosamente permanente. (shrink)

This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law. (shrink)

Defenders and opponents of judicial review under charters of rights often share political ideals, and yet disagree deeply on the best means to pro- mote them or on the proper way to balance them in the event of conflict. In his most recent book, Wil Waluchow attempts to provide a theory of judicial review which deals adequately with the popular ideals of stability and adaptability. The cornerstone of his argument is the notion of community morality - that which enables constitutional (...) adjudicators to develop charter law (adaptability) while remaining loyal to democratic and rule of law principles (stability). The aim of this paper is to offer a critique of the notion of community morality; in particular, the aim is to challenge the assumption that the morality of the members of modern plural societies is as uniform as Waluchow’s theory requires it to be.Resumen:Los defensores y oponentes de la figura del judicial review que se lleva a cabo a través de la defensa de las garantías individuales en ocasiones comparten puntos de vista en relación con los ideales políticos, sin embargo, existen profundos desacuerdos en cuanto a la mejor forma de promocionarlos o en cuanto a la manera apropiada de decidir casos concretos en casos de conflicto. En su más reciente libro, Wil Waluchow intenta proporcionar una teoría del judicial review que atienda adecuadamente los ideales comunes de estabilidad y adaptabilidad. El punto medular de su argumento es la noción de la moralidad de la comunidad—aquella que permite a los jueces constitucionales desarrollar las garantías y derechos (adaptabilidad) mientras que se continúa leal a los principios de democracia y Estado de derecho (estabilidad)—. El objetivo de este trabajo es ofrecer una crítica a esta noción de moralidad de la comunidad, concretamente el objetivo es plantear un reto a la cuestión de asumir que la moralidad de los miembros de las sociedades modernas plurales es tan uniforme como lo exige la teoría de Waluchow. (shrink)

In Chapters 2, 3 and 7 of his new book, Law as a Leap of Faith, John Gardner provides the elements of an account of legal reasoning. It is on the basis of this account that Gardner defends or supports some of the most important theses of his book, viz. theses pertaining to how law can be made, to the relation between law and morality, and to the legitimacy of judicial law-making. A central element of Gardner’s account is a distinction (...) (suggested originally by Joseph Raz) between two forms of legal reasoning, namely, reasoning about the law and reasoning according to law. In this paper I intend to describe and evaluate Gardner’s account. Among the critical remarks that will appear in the paper is the claim that Gardner’s concept of reasoning according to law is overly inclusive. (shrink)

a recent paper, Fábio Perin Shecaira proposes a defence of Waller’s deductivist schema for moral analogical argumentation. This defence has several flaws, the most important of them being that many good analogical arguments would be deemed bad or deficient. Additionally, Shecaira misrepresents my alternative account as something in between deductivism and non-deductivism. This paper is both an attempt at solving this misunderstanding and an analysis and criticism of Waller and Shecaira’s forms of deductivism.

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Das Buch untersucht die Bedeutung des Begriffs rationalitas bei Hildegard von Bingen. Zunachst wird die Herkunft des Begriffs von der griechischen Logoslehre uber die fruhchristliche Trinitatsspekulation bis hin zur ratio-Rezeption des Fruhmittelalters beleuchtet. Auf diesem Hintergrund entfaltet der zweite Teil die anthropologisch-theologische Bedeutung von rationalitas fur das Weltbild Hildegards.

In a recent paper, Pruss proves the validity of the rule beta-2 relative to Lewis’s semantics for counterfactuals, which is a significant step forward in the debate about the consequence argument. Yet, we believe there remain intuitive counter-examples to beta-2 formulated with the actuality operator and rigidified descriptions. We offer a novel and two-dimensional formulation of the Lewisian semantics for counterfactuals and prove the validity of a new transfer rule according to which a new version of the consequence argument can (...) be formulated. This new transfer rule is immune to the counter-examples involving the actuality operator and rigidified descriptions. However, we show that counter-examples to this new rule can also be generated, demanding that the Lewisian semantics be generalized for higher dimensions where counter-examples can always be generated. (shrink)

Focused on city-scale automation, and using self-driving cars (SDCs) as a case study, this article reflects on the role of AI—and in particular, computer vision systems used for mapping and navigation—as a catalyst for urban transformation. Urban research commonly presents AI and cities as having a one-way cause-and-effect relationship, giving undue weight to AI’s impact on cities and overlooking the role of cities in shaping AI. Working at the intersection of data science and social research, this paper aims to counter (...) this trend by exploring the reverse perspective: how do cities affect the development, and expose the present limits, of SDCs? The contribution of this paper is threefold. First, by comparing urban and nonurban environments and thoroughly examining the relationship between computer vision and city-specific sociality and form, it defines machine autonomy/automation as a function of the sociotechnical milieu in which an AI system operates. Second, and related, the paper problematizes the notion of SDCs as autonomous technologies and the role it plays in envisioning contending policy arrangements and technical solutions for achieving full driving automation. Finally, the article offers insight into a materialist and spatialized understanding of AI—namely, not as an abstract quality susceptible to replication within discrete machines, but rather as a distributed property emerging through embodied interactions among a multiplicity of agents (human, non-human, and technological) within/with their environments. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop normative standards that allow us to distinguish between more and less legitimate forms of populism. The point of this exercise is not to dismiss populism in toto; the article strives for a more subtle result, namely, to show that liberal democracy can accommodate populism provided that the latter conforms to (...) particular discursive norms. What the article calls a ‘liberal ethics of populism’ turns out to be closely bound up with a broader ethics of peoplehood, understood as a way of articulating who ‘the people’ are in a way that is compatible with liberal–democratic principles of political justification. Such an ethics, concludes the article, inevitably has a much wider audience than populist political actors: its addressees are all those who seek legitimately to exercise power in the name of the people. (shrink)

In a recent article, P. Roger Turner and Justin Capes argue that no one is, or ever was, even partly morally responsible for certain world-indexed truths. Here we present our reasons for thinking that their argument is unsound: It depends on the premise that possible worlds are maximally consistent states of affairs, which is, under plausible assumptions concerning states of affairs, demonstrably false. Our argument to show this is based on Bertrand Russell’s original ‘paradox of propositions’. We should then opt (...) for a different approach to explain world-indexed truths whose upshot is that we may be morally responsible for some of them. The result to the effect that there are no maximally consistent states of affairs is independently interesting though, since this notion motivates an account of the nature of possible worlds in the metaphysics of modality. We also register in this article, independently of our response to Turner and Capes, and in the spirit of Russell’s aforementioned paradox and many other versions thereof, a proof of the claim that there is no set of all true propositions one can render false. (shrink)

It is a widely held principle that no one is able to do something that would require the past to have been different from how it actually is. This principle of the fixity of the past has been presented in numerous ways, playing a crucial role in arguments for logical and theological fatalism, and for the incompatibility of causal determinism and the ability to do otherwise. I will argue that, assuming bivalence, this principle is in conflict with standard views about (...) knowledge and the semantics for ‘actually’. I also consider many possible responses to the argument. (shrink)

Populist movements have become key players in European politics. These movements are readily criticized by journalists or political rivals, yet none of the common objections to populism seems to arrest their success. This article turns to normative political theory to cultivate sensitivity to problems arising from some existing arguments against populism, and to explore possible alternatives. It offers a critical reading of prototypical liberal and conservative arguments against populism, and proposes that the principles of solidarity and procedure provide good grounds (...) for a sustainable critique of populism. (shrink)

Popular sovereignty requires that citizens perceive themselves as being able to act and implement decisions, and that they are de facto causally connected to mechanisms of decision making. I argue that the two most common understandings of the exercise of popular sovereignty—which center on direct decision making by the people as a whole and the indirect exercise of democratic agency by elected representatives, respectively—are inadequate in this respect, and go on to suggest a complementary account that stresses the central role (...) of internally democratic and participatory political parties in actualising popular sovereignty, drawing on the democratic theory of Hans Kelsen. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop...

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the two volumes by focusing on three broader and (...) interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them. (shrink)

Evolutionary Debunking Arguments are defined as arguments that appeal to the evolutionary genealogy of our beliefs to undermine their justification. Recently, Helen De Cruz and her co-authors supported the view that EDAs are self-defeating: if EDAs claim that human arguments are not justified, because the evolutionary origin of the beliefs which figure in such arguments undermines those beliefs, and EDAs themselves are human arguments, then EDAs are not justified, and we should not accept their conclusions about the fact that human (...) arguments are unjustified. De Cruz's objection to EDAs is similar to the objection raised by Reuben Hersh against the claim that, since by Gödel's second incompleteness theorem the purpose of mathematical logic to give a secure foundation for mathematics cannot be achieved, mathematics cannot be said to be absolutely certain. The response given by Carlo Cellucci to Hersh's objection shows that the claim that by Gödel's results mathematics cannot be said to be absolutely certain is not self-defeating, and can be adopted to show that EDAs are not self-defeating as well in a twofold sense: an argument analogous to Cellucci's one may be developed to face De Cruz's objection, and such argument may be further refined incorporating Cellucci's response itself in it, to make it stronger. This paper aims at showing that the accusation of being self-defeating moved against EDAs is inadequate by elaborating an argument which can be considered an EDA and which can also be shown not to be self-defeating. (shrink)

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the two volumes by focusing on three broader and (...) interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them. (shrink)

Several theists, including Linda Zagzebski, have claimed that theism is somehow committed to nonvacuism about counterpossibles. Even though Zagzebski herself has rejected vacuism, she has offered an argument in favour of it, which Edward Wierenga has defended as providing strong support for vacuism that is independent of the orthodox semantics for counterfactuals, mainly developed by David Lewis and Robert Stalnaker. In this paper I show that argument to be sound only relative to the orthodox semantics, which entails vacuism, and give (...) an example of a semantics for counterfactuals countenancing impossible worlds for which it fails. (shrink)

In this paper we present tableau methods for two-dimensional modal logics. Although models for such logics are well known, proof systems remain rather unexplored as most of their developments have been purely axiomatic. The logics herein considered contain first-order quantifiers with identity, and all the formulas in the language are doubly-indexed in the proof systems, with the upper indices intuitively representing the actual or reference worlds, and the lower indices representing worlds of evaluation—first and second dimensions, respectively. The tableaux modulate (...) over different notions of validity such as local, general, and diagonal, besides being general enough for several two-dimensional logics proposed in the literature. We also motivate the introduction of a new operator into two-dimensional languages and explore some of the philosophical questions raised by it concerning the relations there are between actuality, necessity, and the a priori, that seem to undermine traditional intuitive interpretations of two-dimensional operators. (shrink)

Solidarity can be conceived in multiple ways. This article probes possible underlying ontological and normative assumptions of solidarity. In order to conceptually clarify the notion of solidarity, we distinguish between five types of solidarity. We suggest that solidarity is either grounded in the Enlightenment ideas of liberty, or a category of loyalty and allegiance. If the former is the case, solidarity can be justified on rational grounds. If the latter is the case, it is contingent on narratives of historical continuity (...) and a non-rational sense of belonging. Moreover, we show that different types of solidarity can be derived from Anglo-Saxon and continental thought, which hints at different conceptions of community. (shrink)

Implicações da noção de consciência histórica nas ciências humanas e sociais: um modo de projeção para o futuro e de posição em relação ao passado Resumo: O presente texto, de caráter bibliográfico, discute o problema da consciência histórica com o objetivo de pensar o sentido dessa expressão na atualidade e as variações que esse conceito adquiriu ao longo da história das Ciências Humanas e Sociais, com ênfase no século XX. A hipótese é que a discussão a respeito da consciência histórica (...) passou a se ocupar, na modernidade, com uma múltipla relatividade de pontos de vista, o que é destacado por Gadamer em sua análise sobre os preceitos implicados na definição do que significa “ter senso histórico”. É defendida a tese, portanto, de que a noção de consciência histórica não se limita ao conhecimento das experiências vivenciadas no passado, mas se apresenta como condição de possibilidade de projetar o futuro e se posicionar em relação ao passado, especialmente no que diz respeito às ciências humanas e sociais. A defesa desta ideia central é realizada por meio de dois gestos reflexivos, com apresentação, primeiramente, do marco teórico da consciência histórica e, posteriormente, de suas implicações na constituição das Ciências Humanas e Sociais. Palavras-chave: Ciências humanas e sociais. Senso histórico. Passado. Futuro. Implications of the notion of historical consciousness in human and social sciences: a mode of projection for the future and position in relation to the past: This bibliographic text discusses the problem of historical consciousness with the purpose of thinking about the meaning of this expression in the present time and the variations that this concept has acquired throughout the history of the Humanities and Social Sciences, with emphasis on the twentieth century. The hypothesis is that the discussion about historical consciousness has come to concern itself, in modernity, with a multiple relativity of points of view, which is highlighted by Gadamer in his analysis of the precepts involved in defining what “having a historical sense” means. Therefore, the thesis that the notion of historical consciousness is not limited to the knowledge of past experiences is defended, but is presented as a condition of possibility of projecting the future and positioning itself in relation to the past, especially with regard to humanities and social sciences. The defense of this central idea is made through two reflexive gestures, presenting, first, the theoretical framework of historical consciousness and, later, its implications in the constitution of the Human and Social Sciences. Keywords: Human and social sciences. Historical sense. Past. Future. Implicaciones de la noticia de conciencia histórica en las ciencias humanas y sociales: un modo de proyección para el futuro y de posición en relación al pasado Resumen: El presente texto, de carácter bibliográfico, discute el problema de la conciencia histórica con el propósito de pensar sobre el significado de esta expresión en la actualidad y las variaciones que este concepto ha adquirido a lo largo de la historia de las Humanidades y las Ciencias Sociales, con énfasis en el siglo XX. La hipótesis es que la discusión sobre la conciencia histórica ha llegado a ocuparse, en la modernidad, de una relatividad múltiple de puntos de vista, que Gadamer destaca en su análisis de los preceptos involucrados en la definición de lo que significa “tener un sentido histórico”. " Por lo tanto, se defiende la tesis de que la noción de conciencia histórica no se limita al conocimiento de experiencias pasadas, sino que se presenta como una condición de posibilidad de proyectar el futuro y posicionarse en relación con el pasado, especialmente con respecto a humanidades y ciencias sociales. La defensa de esta idea central se realiza a través de dos gestos reflexivos, presentando, primero, el marco teórico de la conciencia histórica y, luego, sus implicaciones en la constitución de las Ciencias Humanas y Sociales. Palabras clave: Ciencias Humanas y Sociales. Sentido histórico. Pasado. Futuro. Data de registro: 28/05/2019 Data de aceite: 24/10/2019. (shrink)

We present a new puzzle about logical truth, necessity, and moral responsibility. We defend one solution to the puzzle. A corollary of our preferred solution is that prominent arguments for the incompatibility of determinism and moral responsibility are invalid.

Internal misconduct is a universal problem in prisons and affects the maintenance of social order. Consequently, correctional institutions often develop rehabilitation programs to reduce the likelihood of inmates committing internal offenses and criminal recidivism after release. Therefore, it is necessary to identify the profile of each offender, both for the appropriate indication of a rehabilitation program and the level of internal security to which he must be submitted. In this context, this work aims to discover the most significant characteristics in (...) predicting inmate misconduct from ML methods and the SHAP approach. A database produced in 2004 through the Survey of Inmates in State and Federal Correctional Facilities in the United States of America was used, which provides nationally representative data on prisoners from state and federal facilities. The predictive model based on Random Forest performed the best, thus, we applied the SHAP to it. Overall, the results showed that features related to victimization, type of crime committed, age and age at first arrest, history of association with criminal groups, education, and drug and alcohol use are most relevant in predicting internal misconduct. Thus, it is expected to contribute to the prior classification of an inmate on time, to use programs and practices that aim to improve the lives of offenders, their reintegration into society, and consequently, the reduction of criminal recidivism. (shrink)

A discussion concerning whether to conceive Artificial Intelligence systems as responsible moral entities, also known as “artificial moral agents”, has been going on for some time. In this regard, we argue that the notion of “moral agency” is to be attributed only to humans based on their autonomy and sentience, which AI systems lack. We analyze human responsibility in the presence of AI systems in terms of meaningful control and due diligence and argue against fully automated systems in medicine. With (...) this perspective in mind, we focus on the use of AI-based diagnostic systems and shed light on the complex networks of persons, organizations and artifacts that come to be when AI systems are designed, developed, and used in medicine. We then discuss relational criteria of judgment in support of the attribution of responsibility to humans when adverse events are caused or induced by errors in AI systems. (shrink)

RESUMO: O objetivo deste artigo é examinar o que entendemos ser uma prova original da existência de Deus na obra de Pierre Duhem. Cremos que a originalidade dessa prova consiste especialmente nas premissas usadas pelo filósofo. Quanto à forma, a mesma assemelha-se ao conhecido argumento do desígnio, mas a sua versão se caracteriza por buscar na história das teorias físicas a matéria da qual a existência de uma Providência é derivada. É a complexa evolução das teorias e, a despeito dela, (...) a sua espantosa progressividade em direção a estágios sempre mais perfeitos que servem de premissa para a via duhemiana de acesso a Deus. Tudo se passa como se houvesse uma suposta pré-ordenação divina do curso das teorias, uma finalidade intrínseca a ele. ABSTRACT: The aim of this paper is to examine what we believe to be an original proof of the existence of God in the work of Pierre Duhem. We think that the originality of this proof consists especially in the assumptions used by the French philosopher in his argumentation. Regarding the form, it resembles the well-known design argument, but his version is characterized by seeking in the history of physical theories the matter from which the existence of a Providence is derived. It is the complex evolution of theories and, despite it, its amazing progress towards ever more perfect theories that serves as the premise for Duhem's way of access to God. Everything goes as if it had been a divine preordainment and an intrinsic goal ruling the evolution of theories. (shrink)

RESUMO: O objetivo deste artigo é examinar o que entendemos ser uma prova original da existência de Deus na obra de Pierre Duhem. Cremos que a originalidade dessa prova consiste especialmente nas premissas usadas pelo filósofo. Quanto à forma, a mesma assemelha-se ao conhecido argumento do desígnio, mas a sua versão se caracteriza por buscar na história das teorias físicas a matéria da qual a existência de uma Providência é derivada. É a complexa evolução das teorias e, a despeito dela, (...) a sua espantosa progressividade em direção a estágios sempre mais perfeitos que servem de premissa para a via duhemiana de acesso a Deus. Tudo se passa como se houvesse uma suposta pré-ordenação divina do curso das teorias, uma finalidade intrínseca a ele.ABSTRACT: The aim of this paper is to examine what we believe to be an original proof of the existence of God in the work of Pierre Duhem. We think that the originality of this proof consists especially in the assumptions used by the French philosopher in his argumentation. Regarding the form, it resembles the well-known design argument, but his version is characterized by seeking in the history of physical theories the matter from which the existence of a Providence is derived. It is the complex evolution of theories and, despite it, its amazing progress towards ever more perfect theories that serves as the premise for Duhem's way of access to God. Everything goes as if it had been a divine preordainment and an intrinsic goal ruling the evolution of theories. (shrink)

Perin argues that theSceptic is engaged in the search for truth and that since this is so, the Sceptic aims to satisfy certain basic rational requirements.

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, (...) official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.. (shrink)

We present a sound and complete Fitch-style natural deduction system for an S5 modal logic containing an actuality operator, a diagonal necessity operator, and a diagonal possibility operator. The logic is two-dimensional, where we evaluate sentences with respect to both an actual world (first dimension) and a world of evaluation (second dimension). The diagonal necessity operator behaves as a quantifier over every point on the diagonal between actual worlds and worlds of evaluation, while the diagonal possibility quantifies over some point (...) on the diagonal. Thus, they are just like the epistemic operators for apriority and its dual. We take this extension of Fitch’s familiar derivation system to be a very natural one, since the new rules and labeled lines hereby introduced preserve the structure of Fitch’s own rules for the modal case. (shrink)

Recent developments in Hungary and Poland have made democratic backsliding a major issue of concern within the European Union. This article focuses on the secondary agents that facilitate democratic backsliding in Hungary and Poland: the European People’s Party, which has continually protected the Hungarian Fidesz government from EU sanctions, and the Hungarian ruling party Fidesz, which repeatedly promised to block any EU-level sanctions against Poland in the Council. The article analyses these agents’ behaviour as an instance of transnational complicity and (...) passes a tentative judgment as to which of the two cases is normatively more problematic. The analysis has implications for possible countervailing responses to democratic backsliding within EU member states. (shrink)