. Legal theory has so far focused exclusively on judicial activity, not on legislation. This is due to the specific legal framework of reasoning, upon which it is essential to act upon rules, wherever they come from. This form of legalism is criticized and replaced by weak legalism. Weak legalism makes it possible to detect the principles of legislation that underly the activity of the legislator. Legisprudence is the theory of these principles.

.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

In this contribution the author explores some aspects of the relation between sovereignty, democracy and representation. After shortly focusing on the idea of sovereignty, he then questions Rousseau's refusal to take representation into account within a democratic framework, an idea that is however latent in his general approach.

Abstract.This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.

The article deals with an interpretation of the work of Ch. Perelman. The author tries to determine the meaning of reasonableness in a hermeneutical and anthropological perspective. He then places the work of Perelman in the light of the theory of symbolic interactionism of G.H. Mead.

"The Personal is Political": This was an often-heard slogan of feminist groups in the late sixties and early seventies. The slogan is no doubt open to many interpretations. There is one interpretation which touches on the epistemology of social facts, viz. the slogan claims that in assessing the features of a political system, personal experiences have privileged evidentiary value. For instancte, in the face of third person reports about political corruption, I may remain unmoved in my belief that the political (...) powers are morally upstanding, and it is only when I myself am adversely affected, that I come to change my views. There are two standard patterns of explanation of this type of belief formation: (i) We know that third-person reports may be lessreliable than first-person experiences; (ii) If the third-person reports are no less reliable than first-person experiences, we may just be dealing with a standard pattern of epistemic irrationality. However, we argue that there is also a much more surprising pattern of explanation: under certain conditions, a Bayesian argument can be proffered to the effect that it is rational to change one's beliefs in the face of personal experiences and not in the face of third-person reports, even if these experiences and reports are equally reliable. Hence, the feminist slogan (at least on one particular interpretation of it) receives unexpected support from Bayesian comers. We also show that this pattern of explanation has surprising repercussions on the question of the evidentiary value of miracles in philosophy of religion. (shrink)

"Proceedings of the fourth Benelux-Scandinavian Symposium on Legal Theory."--T.p.

The metaphysics of legalism -- The individual in context -- Rationality in context -- Freedom in context -- Strong legalism or the absent theory of legislation -- Legitimacy and legitimation : from strong legalism to legisprudence -- From proxy to trading off : the principles of legisprudence -- Legisprudence and the duties of power : a legisprudential assessment of rational legislation.

In lieu of an abstract, here is a brief excerpt of the content:Response to the CommentariesIan Wright, Aaron Sloman, and Luc BeaudoinWe are very grateful for the care with which the commentators have read our paper, and the sympathy with which they treated what we acknowledged to be at best a preliminary attempt to make sense of a range of phenomena involving grief and other emotions in terms of our draft architecture. We are fortunate to have commentators that are so (...) much in sympathy with what we have written.The comments of Castelfranchi and Miceli draw attention to a problem that we expect many readers to bring up, namely that there is a notion of “information processing” that cannot carry the explanatory weight that we attach to our information processing architecture. We believe that there is a concept of “information processing” such as is used by engineers who design software systems to perform such tasks as controlling an aircraft. We claim that within an appropriate system architecture, information processing states can have all the causal powers that we require for states like pain, pleasure, and the like. However this is not obvious, and defending this claim will have to await another occasion.Lloyd helpfully illustrates the relevance of our proposed architecture even to the effects of imagining the death of a loved one. He also makes the useful observation that second-order states can arise when a person who is suffering because events violate some important motivator, discovers that nothing can be done about the cause of the suffering, and then suffers even more because of feeling helpless in that situation. We acknowledge that these are phenomena that the architecture will have to accommodate, and accept the challenge to demonstrate this in due course.We believe that there is enough commonality between the commentators and ourselves to support our view that the research community is on the verge of an important new breakthrough in the study of mind, in which philosophers, psychologists, therapists, brain scientists, and AI researchers can collaborate fruitfully, and from which profound practical and theoretical consequences will follow.Related ArticlesFeature Article: Towards a Design-Based Analysis of Emotional EpisodesCommentary: Commentary by LloydCommentary: Commentary by Miceli and CastelfranchiCommentary: Commentary by BodenResponse: Response to the CommentariesCopyright © 1996 The Johns Hopkins University Press... (shrink)

The coherentist theory of justification provides a response to the sceptical challenge: even though the independent processes by which we gather information about the world may be of dubious quality, the internal coherence of the information provides the justification for our empirical beliefs. This central canon of the coherence theory of justification is tested within the framework of Bayesian networks, which is a theory of probabilistic reasoning in artificial intelligence. We interpret the independence of the information gathering processes (IGPs) in (...) terms of conditional independences, construct a minimal sufficient condition for a coherence ranking of information sets and assess whether the confidence boost that results from receiving information through independent IGPs is indeed a positive function of the coherence of the information set. There are multiple interpretations of what constitute IGPs of dubious quality. Do we know our IGPs to be no better than randomization processes? Or, do we know them to be better than randomization processes but not quite fully reliable, and if so, what is the nature of this lack of full reliability? Or, do we not know whether they are fully reliable or not? Within the latter interpretation, does learning something about the quality of some IGPs teach us anything about the quality of the other IGPs? The Bayesian-network models demonstrate that the success of the coherentist canon is contingent on what interpretation one endorses of the claim that our IGPs are of dubious quality. (shrink)

If you believe more things you thereby run a greater risk of being in error than if you believe fewer things. From the point of view of avoiding error, it is best not to believe anything at all, or to have very uncommitted beliefs. But considering the fact that we all in fact do entertain many specific beliefs, this recommendation is obviously in flagrant dissonance with our actual epistemic practice. Let us call the problem raised by this apparent conflict the (...) Addition Problem. In this paper we will find reasons to reject a particular premise used in the formulation of the Addition Problem, namely, the fundamental premise according to which believing more things increases the risk of error. As we will see, acquiring more beliefs need not decrease the probability of the whole, and hence need not increase the risk of error. In fact, more beliefs can mean an increase in the probability of the whole and a corresponding decrease in the risk of error. We will consider the Addition Problem as it arises in the context of the coherence theory of epistemic justification, while keeping firmly in mind that the point we wish to make is of epistemological importance also outside the specific coherentist dispute. The problem of determining exactly how the probability of the whole system depends on such factors as coherence, reliability and independence will be seen to open up an interesting area of research in which the theory of conditional independence structures is a helpful tool. (shrink)

Encounters with Alphonso Lingis is the first extensive study of this American philosopher who is gaining an international reputation to augment his national one. The distinguished contributors to this volume address most of the central themes found in Lingis's writings—including singularity and otherness, death and eroticism, emotions and rationality, embodiment and the face, excess and the sacred. The book closes with a new essay by Lingis himself.

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

As an alternative to universalism and particularism, Intermedialities: Philosophy, Arts, Politics proposes "intermedialities" as a new model of social relations and intercultural dialogue. The concept of "intermedialities" stresses the necessity of situating debates concerning social relations in the divergent contexts of new media and avant-garde artistic practices as well as feminist, political, and philosophical analyses.

This article describes research to build an embodied conversational agent as an interface to a question-and-answer system about a National Science Foundation program. We call this ECA the LifeLike Avatar, and it can interact with its users in spoken natural language to answer general as well as specific questions about specific topics. In an idealized case, the LifeLike Avatar could conceivably provide a user with a level of interaction such that he or she would not be certain as to whether (...) he or she is talking to the actual person via video teleconference. This could be considered a extended version of the seminal Turing test. Although passing such a test is still far off, our work moves the science in that direction. The Uncanny Valley notwithstanding, applications of such lifelike interfaces could include those where specific instructors/caregivers could be represented as stand-ins for the actual person in situations where personal representation is important. Possible areas that come to mind that might benefit from these lifelike ECAs include health-care support for elderly/disabled patients in extended home care, education/training, and knowledge preservation. Another more personal application would be to posthumously preserve elements of the persona of a loved one by family members. We apply this approach to a Q/a system for knowledge preservation and dissemination, where the specific individual who had this knowledge was to retire from the US National Science Foundation. The system is described in detail, and evaluations were performed to determine how well the system was perceived by users. (shrink)

Extensive research has demonstrated that rs1360780, a common single nucleotide polymorphism within the FKBP5 gene, interacts with early-life stress in predicting psychopathology. Previous results suggest that carriers of the TT genotype of rs1360780 who were exposed to child abuse show differences in structure and functional activation of emotion-processing brain areas belonging to the salience network. Extending these findings on intermediate phenotypes of psychopathology, we examined if the interaction between rs1360780 and child abuse predicts resting-state functional connectivity (rsFC) between the amygdala (...) and other areas of the salience network. We analyzed data of young European adults from the general population (N = 774; mean age = 18.76 years) who took part in the IMAGEN study. In the absence of main effects of genotype and abuse, a significant interaction effect was observed for rsFC between the right centromedial amygdala and right posterior insula (p <.025, FWE-corrected), which was driven by stronger rsFC in TT allele carriers with a history of abuse. Our results suggest that the TT genotype of rs1360780 may render individuals with a history of abuse more vulnerable to functional changes in communication between brain areas processing emotions and bodily sensations, which could underlie or increase the risk for psychopathology. (shrink)

While slowness of movement is an obligatory characteristic of Parkinson’s disease (PD), there are conditions in which patients move uncharacteristically fast, attributed to deficient motor inhibition. Here we investigate deficient inhibition in an optimal sensory-motor integration framework, using a game in which subjects used a paddle to catch a virtual ball. Display of the ball was extinguished as soon as the catching movement started, segregating the task into a sensing and acting phase. We analyzed the behavior of 9 PD patients (...) (ON medication) and 10 age-matched controls (HC). The switching times (between sensing and acting phase) were compared to the predicted optimal switching time, based on the individual estimates of sensory and motor uncertainties. The comparison showed that deviation from predicted optimal switching times were similar between groups. However, PD patients showed a weaker correlation between variability in switching time and sensory-motor uncertainty, indicating a reduced propensity to generate exploratory behavior for optimizing goal-directed movements. Analysis of the movement kinematics revealed that PD patients, compared to controls, used a lower peak velocity of the paddle and intercepted the ball with greater velocity. Adjusting the trial duration to the time for the paddle to stop moving, we found that PD patients spent a smaller proportion of the trial duration for observing the ball. Altogether, the results do not show the premature movement initiation and truncated sensory processing that we predicted to ensue from deficient inhibition in PD. (shrink)

Absolute velocities in Newtonian mechanics are commonly regarded as unmeasurable. Roberts (Br J Philos Sci 59(2):143–168, 2008) provides a justification for this thesis which appeals to the observational indistinguishability of boost-related models of Newtonian mechanics. Middleton and Murgueitio Ramírez (Australas J Philos, 2020) criticise his argumentation by pointing out that his analysis of the notion of measurement is too restrictive, and that, under a weaker analysis (based on counterfactuals), absolute velocities are measurable. Jacobs (Australas J Philos, 2020) opposes their view, (...) arguing that, on a properly formulated counterfactual-based account of measurement, absolute velocities are unmeasurable. However, in his argument, observational indistinguishability plays no role, even though, intuitively, it is very relevant for the issue of (un)measurability. This paper’s aim is to bring observational indistinguishability back to this discussion. I build upon the observation that there is an analogy between possible views on knowledge and justification on the one hand, and on measurement on the other. In particular, I explore the distinction between externalist and internalist approaches. Counterfactual-based accounts are all externalist, whereas the observational indistinguishability of boost-related models becomes relevant if we are interested in an internalist concept of measurement. (shrink)

Jablonka & Lamb's (J&L's) book is refreshing in that it debunks the exclusively gene-centered approach used these days to explain almost anything about life and human behavior. The book is very accessible and most convincing when the authors discuss biological theories of genetic and epigenetic inheritance, but it does not shy away from the more slippery terrain of behavioral and symbolic inheritance, and specifically the origins of language. But is the analogy appropriate?

In this paper, I argue that the Hole Argument can be formulated without using the notion of isomorphism, and for this reason it is not threatened by the criticism of Halvorson and Manchak (Br J Philos Sci, 2022. https://doi.org/10.1086/719193). Following Earman and Norton (Br J Philos Sci 38, pp. 515–525, 1987), I divide the Hole Argument into two steps: the proof of the Gauge Theorem and the transition from the Gauge Theorem to the conclusion of radical indeterminism. In the analaysis (...) of the first step, I argue that the Gauge Theorem does not rely on the notion of isomorphism but on the notion of the diffeomorphism-invariance of the equations of local spacetime theories; however, for this approach to work, the definition of local spacetime theories needs certain amendments with respect to Earman and Norton’s formulation. In the analysis of the second step, I postulate that we should use the notion of radical indeterminism instead of indeterminism simpliciter and that we should not decide in advance what kind of maps are to be used in comparing models. Instead, we can tentatively choose some kind of maps for this purpose and check whether a given choice leads to radical indeterminism involving empirically indistinguishable models. In this way, the use of the notion of isomorphism is also avoided in the second step of the Hole Argument. A general picture is that physical equivalence can be established by means of an iterative procedure in which we examine various candidate classes of maps, and, depending on the outcomes, we need to broaden or narrow these classes. The Hole Argument can be viewed as a particular instance of this procedure. (shrink)

Ce texte a déjà paru dans J. Lageira & G. Lamarche-Vadel, Appropriations créatives et critiques, Sesto San Giovanni, Mimesis, 2018, pp. 137-161. Nous remercions Luc Gwiazdzinski de nous avoir autorisé à le reproduire ici. La saturation, il y a un moment où cela vient dans ce repas qu'on appelle vie : il ne faut qu'une goutte alors, pour faire déborder la coupe du dégoût. Sainte Beuve « Sans lumière, pas de ville la nuit mais trop de lumière tue la nuit (...) ». Cette sage pensée issue d'une - Géographie – Nouvel article. (shrink)

Corroborating Testimony, Probability and Surprise’, Erik J. Olsson ascribes to L. Jonathan Cohen the claims that if two witnesses provide us with the same information, then the less probable the information is, the more confident we may be that the information is true (C), and the stronger the information is corroborated (C*). We question whether Cohen intends anything like claims (C) and (C*). Furthermore, he discusses the concurrence of witness reports within a context of independent witnesses, whereas the witnesses in (...) Olsson's model are not independent in the standard sense. We argue that there is much more than, in Olsson's words, ‘a grain of truth’ to claim (C), both on his own characterization as well as on Cohen's characterization of the witnesses. We present an analysis for independent witnesses in the contexts of decision-making under risk and decision-making under uncertainty and generalize the model for n witnesses. As to claim (C*), Olsson's argument is contingent on the choice of a particular measure of corroboration and is not robust in the face of alternative measures. Finally, we delimit the set of cases to which Olsson's model is applicable. 1 Claim (C) examined for Olsson's characterization of the relationship between the witnesses 2 Claim (C) examined for two or more independent witnesses 3 Robustness and multiple measures of corroboration 4 Discussion. (shrink)

We consider a decision board with representatives who vote on proposals on behalf of their constituencies. We look for decision rules that realize utilitarian and (welfarist) egalitarian ideals. We set up a simple model and obtain roughly the following results. If the interests of people from the same constituency are uncorrelated, then a weighted rule with square root weights does best in terms of both ideals. If there are perfect correlations, then the utilitarian ideal requires proportional weights, whereas the egalitarian (...) ideal requires equal weights. We investigate correlations that are in between these extremes and provide analytic arguments to connect our results to Barberà and Jackson (J Polit Econ 114(2):317–339, 2006) and to Banzhaf voting power. (shrink)