The problem of the judge: judicial freedom of decision, its necessity and method, by F. Gény.--Judicial freedom of decision, its principles and objects, by E. Ehrlich.--Dialecticism and technicality; the need of sociological method, by J. G. Gmelin.--Equity and law, by G. Kiss.--The perils of emotionalism, by F. Berolzheimer.--Judicial interpretation of enacted law, by J. Kohler.--Courts and legislation, by R. Pound.--The operation of the judicial function in English law, by H. B. Gerland.--Codified law and case-law, by É. Lambert.--Methods of juridical (...) thinking, by K. G. Wurzel.--The problem of the legislator: methods for scientific codification, by A. Alvarez.--The legislative technic of modern civil codes, by F. Gény.--Scientific method in legislative drafting, by E. Freund. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Editors’ IntroductionElizabeth S. Radcliffe and Mark G. SpencerThis issue opens with the winning essay in the Third Annual Hume Studies Essay Prize competition: “Hume beyond Theism and Atheism” by Dr. Ariel Peckel. Dr. Peckel’s essay was chosen as the winner from among papers submitted by emerging scholars from August 2022 through July 2023. Please see the full prize announcement with information about this talented Hume scholar elsewhere in this (...) issue. Our Call for Papers for the Fourth Essay Prize competition is printed in the back of this issue and on-line at the Hume Studies website. The contest is open to authors ten or fewer years from the Ph.D. and closes on August 1, 2024. If you are eligible, please consult our “Call” for further details!In other Hume Studies news, we have once again acquired a new printer. Christensen Printing (Lincoln, Nebraska), whose work for us was excellent, suddenly closed its business when its owner retired this past year and had no one to succeed him. We received the news just when our November issue was ready to go to press. With the assistance of our friends at the Philosophy Documentation Center, we obtained estimates from three printers and have now engaged Bailey Printing in Charlottesville, Virginia. Our November issue was published on-line by November 1 (at the Philosophy Documentation Center website, the Project Muse website, and the Hume Society website), but the print issue took longer to get to subscribers.For a second time, we want to bring to the attention of our readers that Hume Studies will be marking its 50th year of publication in 2025. As we have previously noted, we are planning an anniversary issue for 50:1 (April 2025). We hope to include among the special features of that issue paragraphs or statements from our readers in answer to this query: “Of all of the articles that have been published in [End Page 7] Hume Studies over the past 50 years, which one is most noteworthy to you? Why so?” Please see the “Call for Entries” in the back of this issue or on the Hume Studies website (https://www.humesociety.org/ojs/index.php/hs), which includes details on where to send your response. The due date is October 15, 2024, but we encourage you to send your entries as soon as possible! [End Page 8]Copyright © 2024 Hume Studies... (shrink)

Adults are skilled at using language to construct/negotiate identity and to signal affiliation with others, but little is known about how these abilities develop in children. Clearly, children mirror statistical patterns in their local environment (e.g., Canadian children using zed instead of zee), but do they flexibly adapt their linguistic choices on the fly in response to the choices of different peers? To address this question, we examined the effect of group membership on 7‐ to 9‐year‐olds' labeling of objects in (...) a trivia game, exploring whether they were more likely to use a particular label (e.g., sofa vs. couch) if members of their “team” also used that label. In a preregistered study, children (N = 72) were assigned to a team (red or green) and were asked during experimental trials to answer questions—which had multiple possible answers (e.g., blackboard or chalkboard)—after hearing two teammates and two opponents respond to the same question. Results showed that children were significantly more likely to produce labels less commonly used by the community (i.e., dispreferred labels) when their teammates had produced those labels. Crucially, this effect was tied to group membership, and could not be explained by children simply repeating the most recently used label. These findings demonstrate how social processes (i.e., group membership) can guide linguistic variation in children. (shrink)

Critics of Hannah Arendt's Lectures on Kant's Political Philosophy argue that Arendt fails to address the most important problem of political judgment, namely, validity. This essay shows that Arendt does indeed have an answer to the problem that preoccupies her critics, with one important caveat: she does not think that validity is the all-important problem of political judgment--the affirmation of human freedom is.

This essay examines the significantly different approaches of John Rawls and Hannah Arendt to the problem of judgment in democratic theory and practice.

In his 1936 paper,On the Concept of Logical Consequence, Tarski introduced the celebrated definition oflogical consequence: “The sentenceσfollows logicallyfrom the sentences of the class Γ if and only if every model of the class Γ is also a model of the sentenceσ.” [55, p. 417] This definition, Tarski said, is based on two very basic intuitions, “essential for the proper concept of consequence” [55, p. 415] and reflecting common linguistic usage: “Consider any class Γ of sentences and a sentence which (...) follows from the sentences of this class. From an intuitive standpoint it can never happen that both the class Γ consists only of true sentences and the sentenceσis false. Moreover, … we are concerned here with the concept of logical, i.e.,formal, consequence.” [55, p. 414] Tarski believed his definition of logical consequence captured the intuitive notion: “It seems to me that everyone who understands the content of the above definition must admit that it agrees quite well with common usage. … In particular, it can be proved, on the basis of this definition, that every consequence of true sentences must be true.” [55, p. 417] The formality of Tarskian consequences can also be proven. Tarski's definition of logical consequence had a key role in the development of the model-theoretic semantics of modern logic and has stayed at its center ever since. (shrink)

The Ramsey-sentence H* of any hypothesis H is shown to be a synthetic proposition containing mathematics as a finite component. Far from being quasi-tautological, H* proves to have as much physical content as H itself.

Bei der Suche nach dem Geist handelt es sich seit Jahrhunderten um ein zentrales Unterfangen in der Philosophie, das u.a. durch die folgenden Fragen charakterisiert ist: Was sind Merkmale des Geistes? Welche Arten geistiger Zustände lassen sich unterscheiden? Ist eine naturwissenschaftliche oder physikalische Erklärung des Geistes möglich? Lässt sich das Geistige auf das Physikalische reduzieren? Ist das Physikalische kausal abgeschlossen? Was heißt es eigentlich, dass etwas physikalisch ist? Wie kann der Geist Handlungen bewirken? Können wir denn so handeln, wie wir (...) wollen? Ist unser Wille frei? Welche Rolle spielen neurowissenschaftliche Ergebnisse für die Entwicklung einer guten Theorie des Geistes? Und welche Rolle spielen philosophische Gedankenexperimente? Was macht überhaupt eine gute Theorie des Geistes aus? Dieser Band, der auch an Einsteiger gerichtet ist, versammelt Beiträge zur Suche nach dem Geist von Andreas Hüttemann, Holger Lyre, Jan G. Michel, Gernot Münster, Martine Nida-Rümelin, Achim Stephan und Henrik Walter. (shrink)

The book also contains an unpublished interview with Maria Reichenbach, Hans Reichenbach's wife, which sheds new light on Reichenbach's academic and personal ...

Following Henkin’s discovery of partially-ordered (branching) quantification (POQ) with standard quantifiers in 1959, philosophers of language have attempted to extend his definition to POQ with generalized quantifiers. In this paper I propose a general definition of POQ with 1-place generalized quantifiers of the simplest kind: namely, predicative, or “cardinality” quantifiers, e.g., “most”, “few”, “finitely many”, “exactly α ”, where α is any cardinal, etc. The definition is obtained in a series of generalizations, extending the original, Henkin definition first to a (...) general definition of monotone-increasing (M↑) POQ and then to a general definition of generalized POQ, regardless of monotonicity. The extension is based on (i) Barwise’s 1979 analysis of the basic case of M↑ POQ and (ii) my 1990 analysis of the basic case of generalized POQ. POQ is a non-compositional 1st-order structure, hence the problem of extending the definition of the basic case to a general definition is not trivial. The paper concludes with a sample of applications to natural and mathematical languages. (shrink)

A series of structural constitutional arguments lodged in multiple cases against Centers for Medicare and Medicaid Services’ (CMS) authorities to negotiate prescription drug prices via the 2022 Inflation Reduction Act threaten the legitimacy of CMS program and federal agency powers.

Features of threatening cues and the associated context influence the perceived imminence of threat and the defensive responses evoked. To provide additional knowledge about how the directionality of a threat (i.e. directed-towards or away from the viewer) might impact defensive responses in humans, participants were shown pictures of a man carrying a gun (threat) or nonlethal object (neutral) directed-away from or towards the participant. Cardiac and electrodermal responses were collected. Compared to neutral images, threatening images depicting a gun directed-towards the (...) participant induced sustained bradycardia and an increased electrodermal response, interpreted as immobility under attack. This defensive immobility reaction is evoked by high perceived threat and inescapable situations and indicates intense action preparation. Pictures of guns directed-away from the participant induced shorter bradycardia and no significant modulation of the electrodermal response compared to neutral pictures, which might be consistent with the perception of a less threatening situation. The results show that the directionality of threat stimuli is a key factor that prompts different patterns of defensive responses. (shrink)

In order to study early human development while avoiding the burdens associated with human embryo research, scientists are redirecting their efforts towards so-called human embryo-like structures (hELS). hELS are created from clusters of human pluripotent stem cells and seem capable of mimicking early human development with increasing accuracy. Notwithstanding, hELS research finds itself at the intersection of historically controversial fields, and the expectation that it might be received as similarly sensitive is prompting proactive law reform in many jurisdictions, including the (...) Netherlands. However, studies on the public perception of hELS research remain scarce. To help guide policymakers and fill this gap in the literature, we conducted an explorative qualitative study aimed at mapping the range of perspectives in the Netherlands on the creation and research use of hELS. This article reports on a subset of our findings, namely those pertaining to (the degrees of and requirements for) confidence in research with hELS and its regulation. Despite commonly found disparities in confidence on emerging biotechnologies, we also found wide consensus regarding the requirements for having (more) confidence in hELS research. We conclude by reflecting on how these findings could be relevant to researchers and (Dutch) policymakers when interpreted within the context of their limitations. (shrink)

The purpose of this article is twofold: to demystify the ancient concept of courage, making it more palpable for the modern reader, and to suggest the reasonably specific constraints that would restrict the contemporary tendency of indiscriminate attribution of this virtue. The discussion of courage will incorporate both the classical interpretations of this trait of character, and the empirical studies into the complex relation between the emotion of fear and behavior. The Aristotelian thesis that courage consists in overcoming the fear (...) of significant harm for a worthy cause will be further developed by exploring its relevance for military professionals today. Specific criteria will be offered in order to restrict the application of the term?courageous? to a certain type of action, as well as to demarcate this virtue from the related vices, such as recklessness. The normative aspect of our study aims to make sense of what could qualify as a worthy goal of a fearless action in the modern world. It will be argued that a courageous agent aims at alleviating or preventing harm for others in a situation of potential risk for the agent himself, while respecting the factual conditions that determine the probability of success. (shrink)

Dialectic, as commonly approached, is not an analytic study, as the notion is defined in the paper. Where it is analytically approached, the result is pragmatic in nature, as well as syntactic and semantic. This paper lays the foundations of a purely formal analysis of conversations. This study is accordingly called "Conversation Theory". The key notions of "conversation", "dialogue", "conversation game", "rules of response", "epistemic community" and "channel of informations" are defined precisely, and an analysis of how these notions fit (...) together is given. Particular attention is given to distinguishing conversation theory from standard logic. The paper concludes by analysing a few sample conversation-games, indicating areas needing further research, by pointing out the simplification inherent in the sample games. (shrink)

When Aristotle limits the manifestation of true courage to the military context only, his primary target is an overly inclusive conception of courage presented by Plato in the Laches. At the same time, Aristotle explicitly tries to demarcate his ideal of genuine courage from the paradigmatic examples of courageous actions derived from the Homeric epics. It remains questionable, though, whether Aristotle is truly earnest in his efforts to distance himself from Homer. It will be argued that Aristotle's attempt to associate (...) with Homer the two forms of specious courage—courage of the citizen troops and spirit-caused courage—fails to provide sufficient criteria for the demarcation in question. All the essential elements of the Aristotelian account of courage, such as a voluntary choice, a noble goal, and a thumos-driven reaction guided by reason are exemplified by a number of Homeric characters as well. It is thus likely that the philosopher's account of courage largely incorporates the poetic tradition at a new level, rather than supersedes it. (shrink)

A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably. Wittgenstein.

Since the middle of the twentieth century, the governance of the global system has been organized around the United States and the advanced industrial democracies. In the shadow of the Cold War, these countries established a wide array of global and regional institutions to manage economic, political, and security relations. The Bretton Woods institutions, GATT, the United Nations, and various functional institutions provided the bulwark for an open and managed postwar world economy and global order. An American-led alliance system provided (...) a structure for regional security in Europe and East Asia. When the Cold War ended, these far-flung institutions were extended into a more fully global multilateral system of governance. The United States dominated the global order. But, more so than did leading states in previous eras, it established its dominance through institutions. It was an American-led liberal hegemonic order. (shrink)