Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The (...) author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective. (shrink)

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this (...) complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions. (shrink)

In this paper the author discusses the legitimation of judicial review of legislation. He argues that such a legitimation is not just a moral matter but is to be considered more generally in terms of societal acceptability, since it is based on a wide range of reasons including moral, social and pragmatic concerns. Moreover, the paper stresses that the legitimation of judicial decisions should be properly viewed in a circular perspective, so that the relationship between legislators and judges cannot be (...) reduced to an absolute supremacy of those who are democratically elected over those who apply the law. On the contrary, the law is constantly made, adapted and developed in legal practice and legal decisions are basically legitimated through several processes of deliberative communication. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

Die historische Entwicklung der Rechtstheorie. Die Rechtstheorie als interdisziplinäre Wissenschaft. Die interdisziplinarität als Forschungsmethode.

There are two principles that lend Brouwer's mathematics the extra power beyond arithmetic. Both are presented in Brouwer's writings with little or no argument. One, the principle of bar induction, will not concern us here. The other, the continuity principle for numbers, occurs for the first time in print in [4]. It is formulated and immediately applied to show that the set of numerical choice sequences is not enumerable. In fact, the idea of the continuity property can be dated fairly (...) precisely, it is to be found in the margin of Brouwer's notes for his course on Pointset Theory of 1915/16. The course was repeated in 1916/17 and he must have inserted his first formulation of the continuity principle in the fall of 1916 as new material right at the beginning of the course.In modern language, the principle readswhere α and β range over choice sequences of natural numbers, m and x over natural numbers, and stands for ⟨α, α, …, α⟩, the initial segment of α of length m.An immediate consequence of WC-N is that all full functions are continuous, and, as a corollary, that the continuum is unsplittable [28]. Note that WC-N is incompatible with Church's thesis, [22], section 4.6.After Brouwer asserted WC-N, Troelstra was the first to ask in print for a conceptual motivation, but he remained an exception; most authors followed Brouwer by simply asserting it, cf. [18].Let us note first that in one particular case the principle is obvious indeed, namely in the case of the lawless sequences. The notion of lawless sequence surfaced fairly late in the history of intuitionism. Kreisel introduced it in [17] for metamathematical purposes. There is a letter from Brouwer to Heyting in which the phenomenon also occurs [7]. This is an important and interesting fact since it is the only time that Brouwer made use of a possibility expressly stipulated in, e.g., [5], see below. (shrink)

Geach's problem, the problem of accounting for the fact that judgements expressed using moral terms function logically like other judgements, stands in the way of most noncognitive analyses of moral judgements. The non-cognitivist must offer a plausible interpretation of such terms when they appear in conditionals that also explains their logical interaction with straightforward moral assertions. Blackburn and Gibbard have offered a series of accounts each of which interprets such conditionals as expressing higher order commitments. Each then invokes norms for (...) the coherent acceptance of attitudes to explain why we hold certain combinations inconsistent. Against these accounts the paper presses two related objections: (1) The norms needed to do the explanatory work cannot be strong enough to do that work without also ruling clearly consistent attitudes inconsistent. And (2), the norms of rational attitude acceptance do not neatly track the distinction between consistent and inconsistent attitudes. (shrink)

This paper explores the centrality of self-affirmation in Bernard Lonergan’s Insight and is specifically concerned with the role of bias in relation to self-appropriation and genuineness. I begin with an explication of the process of self-affirmation and the model of knowledge it involves. I then discuss the nature of bias and its relation to genuineness in Insight. My analysis concludes that bias is never “overcome,” in the sense of being eliminated. Thus, genuine self-appropriation is never complete. Rather, being true to (...) oneself is the struggle to recognize one’s biases while still affirming what is reasonable and choosing responsible action. I also conclude that total resistance to self-affirmation is a disingenuous refusal to engage one’s biases; it is an act of evasion, or a fear of genuineness and its accompanying responsibilities. I end by briefly addressing some of these tensions in relation to Catholicism, specifically raising questions concerning our thinking and acting from within a Catholic faith. (shrink)

Motivational internalism about moral judgments is the plausible view that accepting a moral judgment is necessarily connected to motivation motivation. However, it conflicts with the Humean theory that motives must be constituted by desires. Simple versions of internalism run into problems with people who do not desire to do what they believe right. This has long been urged by David Brink. Hence, many internalists have adopted more subtle defeasible views, on which only rational agents will have a desire to act. (...) I will argue that more complex versions run into problems with self-effacing values of the sort Parfit highlights in another context. Such values can only be attained indirectly. After proposing a general account of motivation suited to the internalist thesis, I argue that Anti-Humeanism is better suited to accommodating the internalist insight. (shrink)

Brouwer and Husserl both aimed to give a philosophical account of mathematics. They met in 1928 when Husserl visited the Netherlands to deliver his Amsterdamer Vorträge. Soon after, Husserl expressed enthusiasm about this meeting in a letter to Heidegger, and he reports that they had long conversations which, for him, had been among the most interesting events in Amsterdam. However, nothing is known about the content of these conversations; and it is not clear whether or not there were any other (...) exchanges between them. The following is an attempt at some remarks on Husserl’s Philosophy of Arithmetic from an intuitionistic, by which I mean a Brouwerian, point of view. I will confine myself specifically to some intuitionistic musings on Husserl’s analysis of the concept of finite number, which he developed in his Habilitationsschrift of 1887, “On the Concept of Number,” and presented again in 1891 in the first four chapters of the Philosophy of Arithmetic. It will turn out that the intuitionistic account of number is very different from Husserl’s. For instance, they strongly disagree about the number 2. On the other hand, the roots of the projects of Husserl and Brouwer have much in common. Since this fact makes their disagreement pressing and lends it much of its significance, I will begin there. (shrink)

In this paper, we argue that the characteristics of digital platforms challenge the fundamental assumptions of value sensitive design (VSD). Traditionally, VSD methods assume that we can identify relevant values during the design phase of new technologies. The underlying assumption is that there is onlyepistemic uncertaintyabout which values will be impacted by a technology. VSD methods suggest that one can predict which values will be affected by new technologies by increasing knowledge about how values are interpreted or understood in context. (...) In contrast, digital platforms exhibit a novel form of uncertainty, namely,ontological uncertainty: even with full information and overview, it cannot be foreseen what users or developers will do with digital platforms. Hence, predictions about which values are affected might not hold. In this paper, we suggest expanding VSD methods to account for value dynamism resulting from ontological uncertainty. Our expansions involve (1) extending VSD to the entire lifecycle of a platform, (2) broadening VSD through the addition of reflexivity, i.e. second-order learning about what values to aim at, and (3) adding specific tools of moral sandboxing and moral prototyping to enhance such reflexivity. While we illustrate our approach with a short case study about ride-sharing platforms such as Uber, our approach is relevant for other technologies exhibiting ontological uncertainty as well, such as machine learning, robotics and artificial intelligence. (shrink)

Brouwer and Weyl recognized that the intuitive continuum requires a mathematical analysis of a kind that set theory is not able to provide. As an alternative, Brouwer introduced choice sequences. We first describe the features of the intuitive continuum that prompted this development, focusing in particular on the flow of internal time as described in Husserl's phenomenology. Then we look at choice sequences and their logic. Finally, we investigate the differences between Brouwer and Weyl, and argue that Weyl's conception of (...) choice sequences is defective on several counts. (shrink)

Brouwer and Weyl recognized that the intuitive continuum requires a mathematical analysis of a kind that set theory is not able to provide. As an alternative, Brouwer introduced choice sequences. We first describe the features of the intuitive continuum that prompted this development, focusing in particular on the flow of internal time as described in Husserl's phenomenology. Then we look at choice sequences and their logic. Finally, we investigate the differences between Brouwer and Weyl, and argue that Weyl's conception of (...) choice sequences is defective on several counts. (shrink)

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

There are two principles that lend Brouwer's mathematics the extra power beyond arithmetic. Both are presented in Brouwer's writings with little or no argument. One, the principle of bar induction, will not concern us here. The other, the continuity principle for numbers, occurs for the first time in print in [4]. It is formulated and immediately applied to show that the set of numerical choice sequences is not enumerable. In fact, the idea of the continuity property can be dated fairly (...) precisely, it is to be found in the margin of Brouwer's notes for his course on Pointset Theory of 1915/16. The course was repeated in 1916/17 and he must have inserted his first formulation of the continuity principle in the fall of 1916 as new material right at the beginning of the course.In modern language, the principle readswhere α and β range over choice sequences of natural numbers, m and x over natural numbers, and stands for ⟨α, α, …, α⟩, the initial segment of α of length m.An immediate consequence of WC-N is that all full functions are continuous, and, as a corollary, that the continuum is unsplittable [28]. Note that WC-N is incompatible with Church's thesis, [22], section 4.6.After Brouwer asserted WC-N, Troelstra was the first to ask in print for a conceptual motivation, but he remained an exception; most authors followed Brouwer by simply asserting it, cf. [18].Let us note first that in one particular case the principle is obvious indeed, namely in the case of the lawless sequences. The notion of lawless sequence surfaced fairly late in the history of intuitionism. Kreisel introduced it in [17] for metamathematical purposes. There is a letter from Brouwer to Heyting in which the phenomenon also occurs [7]. This is an important and interesting fact since it is the only time that Brouwer made use of a possibility expressly stipulated in, e.g., [5], see below. (shrink)

ABSTRACT We investigate a logic PFD, as introduced in [FA]. In our notation, this logic is enriched with operators P> r(r € [0,1]) where the intended meaning of P> r φ is “the probability of φ (at a given world) is strictly greater than r”. We also adopt the semantics of [FA]: a class of “F-restricted probabilistic kripkean models”. We give a completeness proof that essentially differs from that in [FA]: our “peremptory lemma” (a lemma in PFD rather than about (...) it) facilitates the construction of a canonical model for PFD considerably. We show that this construction can be carried out using only finitary means, and also give a filtration-technique for the intended models. We then define an alternative (in some sense more natural) semantics for the logic, and show some of its properties. Finally, we prove decidability of the logic. (shrink)

There are two principles that lend Brouwer's mathematics the extra power beyond arithmetic. Both are presented in Brouwer's writings with little or no argument. One, the principle of bar induction, will not concern us here. The other, the continuity principle for numbers, occurs for the first time in print in [4]. It is formulated and immediately applied to show that the set of numerical choice sequences is not enumerable. In fact, the idea of the continuity property can be dated fairly (...) precisely, it is to be found in the margin of Brouwer's notes for his course on Pointset Theory of 1915/16. The course was repeated in 1916/17 and he must have inserted his first formulation of the continuity principle in the fall of 1916 as new material right at the beginning of the course.In modern language, the principle readswhere α and β range over choice sequences of natural numbers,mandxover natural numbers, andstands for ⟨α(0), α(1), …, α(m− 1)⟩, the initial segment of α of lengthm.An immediate consequence of WC-N is that all full functions are continuous, and, as a corollary, that the continuum is unsplittable [28]. Note that WC-N is incompatible with Church's thesis, [22], section 4.6.After Brouwer asserted WC-N, Troelstra was the first to ask in print for a conceptual motivation, but he remained an exception; most authors followed Brouwer by simply asserting it, cf. [18].Let us note first that in one particular case the principle is obvious indeed, namely in the case of the lawless sequences. The notion of lawless sequence surfaced fairly late in the history of intuitionism. Kreisel introduced it in [17] for metamathematical purposes. There is a letter from Brouwer to Heyting in which the phenomenon also occurs [7]. This is an important and interesting fact since it is (probably) the only time that Brouwer made use of a possibility expressly stipulated in, e.g., [5], see below. (shrink)

Metaethics: A Contemporary Introduction provides a solid foundation in metaethics for advanced undergraduates by introducing a series of puzzles that most metaethical theories address. These puzzles involve moral disagreement, reference, moral epistemology, metaphysics, and moral psychology. From there, author Mark van Roojen discusses the many positions in metaethics that people will take in reaction to these puzzles. Van Roojen asks several essential questions of his readers, namely: What is metaethics? Why study it? How does one discuss metaethics, given its (...) inherently controversial nature? Each chapter closes with questions, both for reading comprehension and further discussion, and annotated suggestions for further reading. (shrink)

Within the literature on emotion and behavioral action, studies on approach-avoidance take up a prominent place. Several experimental paradigms feature successful conceptual replications but many original studies have not yet been replicated directly. We present such a direct replication attempt of two seminal experiments originally conducted by Chen and Bargh (1999). In their first experiment, participants affectively evaluated attitude objects by pulling or pushing a lever. Participants who had to pull the lever with positively valenced attitude objects and push the (...) lever with negatively valenced attitude objects (i.e., congruent instruction) did so faster than participants who had to follow the reverse (i.e., incongruent) instruction. In Chen and Bargh's second experiment, the explicit evaluative instructions were absent and participants merely responded to the attitude objects by either always pushing or always pulling the lever. Similar results were obtained as in Experiment 1. Based on these findings, Chen and Bargh concluded that (1) attitude objects are evaluated automatically; and (2) attitude objects automatically trigger a behavioral tendency to approach or avoid. We attempted to replicate both experiments and failed to find the effects reported by Chen and Bargh as indicated by our pre-registered Bayesian data analyses; nevertheless, the evidence in favor of the null hypotheses was only anecdotal, and definitive conclusions await further study. (shrink)

Contemporary internalists typically idealize the conditions for motivation, claiming for example that motivation must be present in rational persons under certain conditions. Robert Johnson, in The Philosophical Quarterly, 49, convincingly argues that these versions of internalism overlook ways in which the conditions in the antecedent of the conditional expressing the analysis are incompatible with the claim under analysis. However, avoiding the fallacy decouples internalism from its use to explain and justify moral action. I use Johnson’s argument as the basis of (...) a new proposal for defining central internalist claims, modifying the conditions in which motivation must be manifest so that it is less idealized. We can specify conditions which are ideal enough to ensure motivation, but which are not so ideal as to be incompatible with the grounds of an agent’s reasons. (shrink)