This paper analyses the logical structure of the balancing of conflicting normative arguments, and asks whether non-monotonic logic is adequate to represent this type of legal or practical reasoning. Norm conflicts are often regarded as a field of application for non-monotonic logics. This paper argues, however, that the balancing of normative arguments consists of an act of judgement, not a logical inference, and that models of deductive as well as of defeasible reasoning do not give an adequate account of its (...) structure. Moreover, it argues that as far as the argumentation consists in logical inferences, deductive logic suffices for reconstructing the argumentation from the internal point of view of someone making normative judgements. (shrink)

It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not (...) fully adequate for a normative conception of law. (shrink)

This paper aims at reconstructing Radbruch’s relativistic conception of law within the framework of a model of principles. The idea of relativism remains a disputed issue in current legal and moral philosophy. In spite of the fact that Radbruch’s legal philosophy lacks coherence, it includes elements that resemble modern conceptions of law as a system including principles to be balanced against each other. Therefore, a reconstruction within a model of principles might as well prove the fruitfulness of the model of (...) principles as render a more appropriate theoretical framework for Radbruch’s legal philosophy. After an outline of Radbruch’s relativism, I will discuss some critical points of his approach and, subsequently, present a reconstruction according to the model of principles, which makes plausible at least some of Radbruch’s contentions. (shrink)

Este libro es el resultado de un conjunto de trabajos que tratan sobre la teoría del derecho de Robert Alexy. Presenté varios de ellos en conferencias o charlas, y en conjunto cubren gran parte de la teoría alexyana. Esto refleja el enorme interés que encuentra esta teoría en particular en Latinoamerica. Dicho interés se justifica, por un lado, por la profundidad y originalidad de su obra desde el punto de vista teórico. Por otro lado, el interés deviene de la observación (...) de la práctica judicial, habiendo sido acogida la concepción de Alexy por la Corte Interamericana de Derechos Humanos y por otras cortes y tribunales superiores de varios países latinoamericanos. En especial, el método de la ponderación de los derechos humanos o fundamentales, tal como fuera formulado por el autor en estudio, es aplicado por varios tribunales y cortes de Latinoamérica. (shrink)

According to Robert Alexy’s dual‐nature thesis, “law necessarily comprises both a real or factual dimension and an ideal or critical one.” I will suggest, first, that various dualisms need to be distinguished, in particular the empirical and the normative, the real and the ideal, the formal (procedural) and the substantive; second, that the dualism of the empirical and the normative and, within the latter, of the real and the ideal “ought,” is not specific to law but pertains to any normative (...) system; and, third, that a dualism that distinguishes law from morality is a dualism of formal and substantive principles, which also serves to explain the authoritative character of law. (shrink)

Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been (...) widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master. (shrink)

Una concepción tradicional de la argumentación jurídica considera que se debe resolver casos jurídicos a través de subsunción y deducción. Hugo Zuleta disputa esta posición, rechazando así la "concepción puente" de las normas, la que fue defendida en particular por Carlos Alchourrón y Eugenio Bulygin. Según la "concepción puente" la norma condicional incluye una modalidad deóntica solo en su consecuencia, mientras su antecedente consiste en un enunciado descriptivo. En cambio, Zuleta propone la "concepción insular", que pone la modalidad deóntica adelante (...) del condicional ). Discutiré estas concepciones, evaluando su adecuación en distintos ámbitos de aplicación. En particular, defenderé la tesis de que la crítica a la "concepción puente" tiene razón en cuanto se trata de conflictos normativos. Así, la "concepción insular" puede tener una aplicación importante en la teoría de los principios, que trata justamente del análisis de normas en conflicto. The traditional conception of legal argumentation is that legal cases are resolved by means of subsumption and deduction. Hugo Zuleta disputes this position, rejecting the "bridge conception" of norms, which was defended in particular by Carlos Alchourrón and Eugenio Bulygin. According to the "bridge conception", the conditional norm includes a deontic modality only in its consequence, whilst the antecedent consists of a descriptive sentence. By contrast, Zuleta defends the "isle conception", which puts the deontic modality in front of the conditional ). I will discuss these conceptions, assessing their adequacy in distinct fields of application. In particular, I will defend the thesis that the critique of the "bridge conception" is correct in the case of norm conflicts. Thus, the "isle conception" can have an important application in the theory of principles and the analysis of norm conflicts. (shrink)

La teoría del derecho de Robert Alexy. Análisis y crítica es un libro escrito por el profesor Jan-R. Sieckmann, de la Universidad Friedrich-Alexander de Erlangen-Nürnberg, y publicado en la prestigiosa serie de teoría jurídica y filosofía del derecho de la editorial Universidad Externado de Colombia. El libro sistematiza un conjunto de trabajos que tratan sobre la conocida teoría del derecho...

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as (...) an institutionalization of practical reason. (shrink)

En este trabajo defenderé la factibilidad de una ciencia jurídica trascendental de las críticas que Jan Sieckmann y Christoph Kletzer han hecho a su carácter constitutivo. Sieckmann argumenta que las propias premisas de la teoría pura del derecho desembocan en una disciplina sin objeto de estudio, mientras Kletzer sostiene que el acto constitutivo se da realmente en la aplicación del derecho. De mi defensa se deriva una exégesis de la relación entre filosofía del derecho, ciencia jurídica y derecho (...) positivo conforme al modelo kantiano de la conexión entre la crítica de la razón pura, la ciencia física y los fenómenos naturales. (shrink)

This paper develops axiomatic foundations for a probabilistic-interventionist theory of causal strength. Transferring methods from Bayesian confirmation theory, I proceed in three steps: I develop a framework for defining and comparing measures of causal strength; I argue that no single measure can satisfy all natural constraints; I prove two representation theorems for popular measures of causal strength: Pearl's causal effect measure and Eells' difference measure. In other words, I demonstrate these two measures can be derived from a set of plausible (...) adequacy conditions. The paper concludes by sketching future research avenues. (shrink)

The bulk of the present book has not been published previously though Chapters II and IV are based in part on two earlier papers of mine: "The Influence of Harald H!1lffding's Philosophy on Niels Bohr's Interpretation of Quantum Mechanics", which appeared in Danish Yearbook of Philosophy, 1979, and "The Bohr-H!1lffding Relationship Reconsidered", published in Studies in History and Philosophy of Science, 1988. These two papers comple ment each other, and in order to give the whole issue a more extended treatment (...) I have sought, in the present volume by drawing on relevant historical material, to substantiate the claim that H!1lffding was Bohr's mentor. Besides containing a detailed account of Bohr's philosophy, the book, at the same time, serves the purpose of making H!1lffding' s ideas and historical significance better known to a non-Danish readership. During my work on this book I have consulted the Royal Danish Library; the National Archive of Denmark and the Niels Bohr Archive, Copenhagen, in search of relevant material. I am grateful for permission to use and quote material from these sources. Likewise, I am indebted to colleagues and friends for commenting upon the manuscript: I am especially grateful to Professor Henry Folse for our many discussions during my visit to New Orleans in November-December 1988 and again here in Elsinore in July 1990. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Liberty is what libertarians advocate. Both because of the inherent value of human liberty and because of the increasing wealth and welfare it brings to all. They see the aggressive coercion of the state as the main enemy of liberty. The solution is to roll back the state until there is little or no state left. Libertarianism has been rapidly growing since the 1970s. But it is still not commonly understood or even given a proper hearing. However, you will increasingly (...) come across it. Often it will be through state enthusiasts disingenuously claiming to be libertarians . At other times it will be through state enthusiasts attacking libertarianism as an extremist ideology. And very occasionally it will be real libertarians explaining and defending their views. J C Lester is a libertarian philosopher who has been writing about why liberty is preferable to politics for many years. This book contains many of his shorter writings on the subject. These range from the populist to the philosophical. Together they function as a miscellaneous introduction to libertarianism. The various different topics and approaches should give the reader a good cross-reference grasp of the subject. (shrink)

Since the turn of the millennium, the major development agencies have been promoting “knowledge for development,” “ICT for development,” or the “knowledge economy” as new paradigms to prompt development in less-developed countries. These paradigms display an unconditional trust in the power of Western technology and scientific knowledge to trigger development—they taste of epistemic and technological determinism. This article probes, by means of a genealogy, how and when development cooperation began adhering to epistemic and technological determinism, and which forms this adhesion (...) has taken over time. The genealogy shows, first, that knowledge and technology have always been integrally part of the very “development” idea since this idea was shaped during enlightenment. Second, while the genealogy reveals that epistemic and technological determinism were embedded in the development idea from the very beginning, it also illustrates that the determinism has always been challenged by critical voices. (shrink)

We study Kim-independence over arbitrary sets. Assuming that forking satisfies existence, we establish Kim's lemma for Kim-dividing over arbitrary sets in an NSOP1 theory. We deduce symmetry of Kim-independence and the independence theorem for Lascar strong types.

The ability to anticipate the future is of great benefit to any organism. Whenever such a foreseeing takes place, it typically happens because an organism has been able to learn about some regularity in the past and then uses this information to expect some happenings in the future. Modern human beings have perfected this capacity far beyond any other animal by getting to know the laws by which nature operates. But it is still based on past experience that even human (...) beings are able to say something about the future. So every form of anticipation of the future relies on inductive reasoning based on knowledge of causal processes in the past. Both these processes and the processes by which we learn to anticipate the future are common in the sense that it is always an earlier cause that brings about a later effect. The ability to anticipate depends on the fact that our cognitive faculties only work on information that stems from the past. Had it been possible for us to receive reliable information about the future, the ability of anticipation might not have existed or might have been less faulty than it sometimes is. (shrink)

Software systems play an ever more important role in our lives and software engineers and their companies find themselves in a position where they are held responsible for ethical issues that may arise. In this paper, we try to disentangle ethical considerations that can be performed at the level of the software engineer from those that belong in the wider domain of business ethics. The handling of ethical problems that fall into the responsibility of the engineer has traditionally been addressed (...) by the publication of Codes of Ethics and Conduct. We argue that these Codes are barely able to provide normative orientation in software development. The main contribution of this paper is, thus, to analyze the normative features of Codes of Ethics in software engineering and to explicate how their value-based approach might prevent their usefulness from a normative perspective. Codes of Conduct cannot replace ethical deliberation because they do not and cannot offer guidance because of their underdetermined nature. This lack of orientation, we argue, triggers reactive behavior such as “cherry-picking,” “risk of indifference,” “ex-post orientation,” and the “desire to rely on gut feeling.” In the light of this, we propose to implement ethical deliberation within software development teams as a way out. (shrink)

The article starts from the questions: what is it to be an inhabitant or citizen of a globalised world, and how are we to think of education in relation to such inhabitants? We examine more specifically the so–called ‘European area of higher education’ that is on the way to being established and that can be regarded as a concrete example of a process of globalisation. In the first part of the paper we try to show that the discursive horizon, and (...) the concrete techniques and strategies that accompany the establishment of this space of higher education, invite the inhabitants of that space to see themselves as entrepreneurial and autonomous entities. In the second part we show how this specific kind of subjectivation (this production of subjects), related as it is to this globalised space, involves what we call an immunisation that also affects our thinking and our ideas in and about education. To refer to this as a kind of immunisation implies that globalisation could in fact be considered a closing or enclosing rather than an opening up. We argue, therefore, that this immunisation needs to be refused in favour of the invention of other kinds of subjectivity, other ways of speaking and writing about the world and about education, such that we relate to ourselves in a different way. (shrink)

This collection of essays considers a variety of educational ideas and programs from the perspective of governmentality, integrating conceptual and theoretical insights and empirical investigation of policy documents, and government technologies. Considers different educational ideas of enlightenment, creativity, participation, inclusion, learning, and critique Offers an overview of French philosopher Michel Foucault’s theory on governmentality and how his ideas apply to current developments in society and education Investigates the intrinsic relationship between intellectual and practical educational technologies A study of how educational (...) practice and educational theory have played a constitutive role in practices of subjectivity which are crucial to ‘learning societies’. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

The main aim of the paper is critical reflection of the ethics of social consequences. The reflection is based on two partially related positions. Ethics of social consequences is, on the one hand, characterized as a contemporary ethical theory and, on the other, as a specific form of consequentialism. Methodology of criticism is based on the works of a homogenous group of modern-day consequentialist authors (though these are of diverse platforms): Pettit, Singer, Sen, Shaw. The purpose of this paper is (...) to provide objective reflection on the ethics of social consequences which may possibly become the base for further development and / or improvement of this original Slovak ethical theory. (shrink)

Karl Löwith, den Hans-Georg Gadamer als »den zweifellos begabtesten Schüler Heideggers« bezeichnete, zählt zu den bedeutendsten Vertretern der philosophischen Anthropologie. Sein Denken umkreist die Frage nach dem Selbstverständnis des modernen Menschen in der säkularisierten Welt. Max Weber folgend bejaht Löwith die Situation des modernen Menschen, der ohne göttliche Autorität auskommen muss, sich aber den Spannungen einer modernen kapitalistischen Gesellschaft ebenso ausgesetzt sieht wie den ihm eigenen Widersprüchen. Neben einer Einführung überträgt Jan Schenkenberger Löwiths Philosophie - unter Verwendung von teils unveröffentlichten (...) Quellen - in neue Kontexte und denkt ihren ethischen Kern in die Gegenwart weiter. (shrink)

According to influential accounts of scientific method, such as critical rationalism, scientific knowledge grows by repeatedly testing our best hypotheses. But despite the popularity of hypothesis tests in statistical inference and science in general, their philosophical foundations remain shaky. In particular, the interpretation of non-significant results—those that do not reject the tested hypothesis—poses a major philosophical challenge. To what extent do they corroborate the tested hypothesis, or provide a reason to accept it? Popper sought for measures of corroboration that could (...) adequately answer this question. According to Popper, corroboration is different from probability-raising, and grounded in the predictive success and testability of a hypothesis. As such, corroboration becomes an indicator of the scientific value of a hypothesis and guides our practical preferences over hypotheses that have been subjected to severe tests. This article proves two impossibility results for corroboration measures based on statistical relevance. The generality of these results shows that Popper’s qualitative characterization of corroboration must be misguided. I explore what a more promising and scientifically useful concept of corroboration could look like. (shrink)

The aim of this paper is to mount a philosophical challenge to the currently highly visible research and discourse on empathy. The notion of empathetic perspective-shifting—a conceptually demanding, high-level construal of empathy in humans that arguably captures the core meaning of the term—is criticized from the standpoint of a philosophy of normatively accountable agency. Empathy in this demanding sense fails to achieve a true understanding of the other and instead risks to impose the empathizer’s self-constitutive agency upon the person empathized (...) with. Attempts to ‘simulate’ human agency, or attempts to emulate its cognitive or emotional basis, will likely distort their target phenomena in profound ways. Thus, agency turns out to be empathy’s blind spot. Elements of an alternative understanding of interpersonal relatedness are also discussed, focusing on aspects of ‘interaction theory’. These might do some of the work that high-level constructs of empathy had been supposed to do without running into similar conceptual difficulties. (shrink)