Inleidend studieboek op universitair niveau over de Nederlandse rechtswetenschap.

Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to (...) contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick. (shrink)

De drie korte verhandelingen over de positie van hooggeplaatsten moeten gezien worden als een schakel in de lange keten van de literair-filosofische traditie van de Vorstenspiegels, die met name in de Italiaanse Renaissance zeer geliefd waren. Pascal volt echter deze voorbeelden maar gedeeltelijk, omdat hij een nieuwe macht introduceert, waaraan ook de groten der aarde onderworpen zijn, nl. de macht van het geloof. Zijn bespiegelingen over macht, morele plicht en verantwoordelijkheid zijn nog steeds actueel.

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...) theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que brindan a las minorías y su función de asegurar derechos fundamentales; sin embargo, (...) también han sido criticadas por ser consideradas moral y políticamente refutables. El autor responde a las objeciones más serias de los críticos y ofrece algunas razones para adoptar un marco alternativo, de acuerdo al cual, las cartas no aspiran a establecer puntos de acuerdo y compromisos previos. (shrink)

This paper is based on Lectures 1, 2 and 4 in the series of ten lectures titled “Algebraic Structures for Logic” that Professor Blok and I presented at the Twenty Third Holiday Mathematics Symposium held at New Mexico State University in Las Cruces, New Mexico, January 8-12, 1999. These three lectures presented a new approach to the algebraization of deductive systems, and after the symposium we made plans to publish a joint paper, to be written by Blok, further developing these (...) ideas. That project was still incomplete when Blok died. In fact, there is no indication that he had prepared a draft of the paper, and we do not know what new material he intended to include. I am therefore not in a position to complete the project as he had envisioned it. So, I have settled for the more limited objective of presenting the material from the three lectures, leaving to others the task of adapting the techniques used there to more general situations. (shrink)

W. J. Mander presents the first ever synoptic history of British Idealism, the school of thought which dominated English-language philosophy from the 1860s to the early 20th century. He restores to its proper place this neglected period of philosophy, introducing the exponents of Idealism and explaining its distinctive concepts and doctrines.

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

Most of what has been written about Buber and education tend to be studies of two kinds: theoretical studies of his philosophical views on education, and specific case studies that aim at putting theory into practice. The perspective taken has always been to hold a dialogue with Buber's works in order to identify and analyse critically Buber's views and, in some cases, to put them into practice; that is, commentators dialogue with the text. In this article our aims are of (...) a different kind. First and fundamentally, we demonstrate the political and social ontological basis of Buber's thought; that is, we show that Buber, the philosopher of dialogue, held an authentic dialogue with his time, and demonstrate that Buber's work, in this case I and Thou, holds a dialogue with its Zeitgeist; that is the text dialogues with its Zeitgeist. This approach leads us to our second aim, which is to demonstrate that Buber's thought remains relevant to our times, particularly when it serves as a dialogical educational tool with which to resolve conflict of all types and to aid dialogue towards peace in inter-community relations. (shrink)

What precisely, W. J. T. Mitchell asks, are pictures (and theories of pictures) doing now, in the late twentieth century, when the power of the visual is said to be greater than ever before, and the "pictorial turn" supplants the "linguistic turn" in the study of culture? This book by one of America's leading theorists of visual representation offers a rich account of the interplay between the visible and the readable across culture, from literature to visual art to the mass (...) media. (shrink)

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

W. J. Mander provides a brief introduction to and critical assessment of the thought of the greatest of the British Idealist philosophers, F. H. Bradley (1846-1924), whose work has been largely neglected in this century. After a general introduction to Bradley's metaphysics and its logical foundations, Mander shows that much of Bradley's philosophy has been seriously misunderstood. Mander argues that any adequate treatment of Bradley's thought must take full account of his unique dual inheritance from the traditions of British empiricism (...) and Hegelian rationalism. The scholarship of recent years is assessed, and new interpretations are offered of Bradley's views about truth, predication, and relations, and of his arguments for idealism. (shrink)

This is the first full assessment of British philosophy in the 19th century. Specially written essays by leading experts explore the work of the key thinkers of this remarkable period in intellectual history, covering logic and scientific method, metaphysics, religion, positivism, the impact of Darwin, and ethical, social, and political theory.

There exist important deductive systems, such as the non-normal modal logics, that are not proper subjects of classical algebraic logic in the sense that their metatheory cannot be reduced to the equational metatheory of any particular class of algebras. Nevertheless, most of these systems are amenable to the methods of universal algebra when applied to the matrix models of the system. In the present paper we consider a wide class of deductive systems of this kind called protoalgebraic logics. These include (...) almost all (non-pathological) systems of prepositional logic that have occurred in the literature. The relationship between the metatheory of a protoalgebraic logic and its matrix models is studied. The following results are obtained for any finite matrix model U of a filter-distributive protoalgebraic logic : (I) The extension U of is finitely axiomatized (provided has only finitely many inference rules); (II) U has only finitely many extensions. (shrink)

Although the notion of spatiality has always lurked in the background of discussions of literary form, the self-conscious use of the term as a critical concept is generally traced to Joseph Frank's seminal essay of 1945, "Spatial Form in Modern Literature."1 Frank's basic argument is that modernist literary works are "spatial" insofar as they replace history and narrative sequence with a sense of mythic simultaneity and disrupt the normal continuities of English prose with disjunctive syntactic arrangements. This argument has been (...) attacked on several fronts. An almost universal objection is that spatial form is a "mere metaphor" which has been given misplaced concreteness and that it denies the essentially temporal nature of literature. Some critics will concede that the metaphor contains a half-truth, but one which is likely to distract attention from more important features of the reading experience. The most polemical attacks have come from those who regard spatial form as an actual, but highly regrettable, characteristic of modern literature and who have linked it with antihistorical and even fascist ideologies.2 Advocates of Frank's position, on the other hand, have generally been content to extrapolate his premises rather than criticize them, and have compiled an ever-mounting list of modernist texts which can be seen, in some sense, as "antitemporal." The whole debate can best be advanced, in my view, not by some patchwork compromise among the conflicting claims but by a radical, even outrageous statement of the basic hypothesis in its most general form. I propose, therefore, that far from being a unique phenomenon of some modern literature, and far from being restricted to the features which Frank identifies in those works , spatial form is a crucial aspect of the experience and interpretation of literature in all ages and cultures. The burden of proof, in other words, is not on Frank to show that some works have spatial form but on his critics to provide an example of any work that does not. · 1. Frank's essay first appeared in Sewanee Review 53 and was revised in his The Widening Gyre . Frank's basic argument has not changed essentially even in his most avante-garde statements; he still regards spatial form "as a particular phenomenon of modern avante-garde writing." See "Spatial Form: An Answer to Critics," Critical Inquiry 4 : 231-52. A useful bibliography, "Space and Spatial Form in Narrative," is being complied by Jeffrey Smitten .· 2. This charge generally links the notion of spatial form with Wyndham Lewis and Ezra Pound, the imagist movement, the "irrationality" and pessimistic antihistoricism of modernism, and the conservative Romantic tradition. Frank discusses the complex motives behind these associations in the work of Robert Weimann and Frank Kermode in his "Answer to Critics," pp. 238-48. W. J. T. Mitchell, editor of Critical Inquiry, is the author of Blake's Composite Art, and The Last Dinosaur Book: The Life and Times of a Cultural Icon. The present essay is part of Iconology: The Image in Literature and the Visual Arts. "Diagrammatology" appeared in the Spring 1981 issue of Critical Inquiry. Leon Surette responds to the current essay in "‘Rational Form in Literature’". (shrink)

W. J. Mander examines the nature of idealist ethics, that is to say, the form and content of ethical belief most typically adopted by philosophical idealists. His inquiry has two aims. The first is historical: from the record of past philosophy, Mander demonstrates that there exists a discernible idealist approach to moral philosophy; a tradition of 'idealist ethics', and examines its characteristic marks and varieties. The second aim is apologetic. He argues that such idealist ethics offers an attractive way of (...) looking at moral questions and that it has much to contribute to contemporary discussion. In particular he argues that Idealist ethics have the power to cut through the sterile opposition between moral realism and moral anti-realism. To be an idealist is precisely to hold that the universe is so constituted that things are real if and only if they are ideal; to hold that uncovering in something the work of mind makes it more not less significant. (shrink)

The logic RM and its basic fragments (always with implication) are considered here as entire consequence relations, rather than as sets of theorems. A new observation made here is that the disjunction of RM is definable in terms of its other positive propositional connectives, unlike that of R. The basic fragments of RM therefore fall naturally into two classes, according to whether disjunction is or is not definable. In the equivalent quasivariety semantics of these fragments, which consist of subreducts of (...) Sugihara algebras, this corresponds to a distinction between strong and weak congruence properties. The distinction is explored here. A result of Avron is used to provide a local deduction-detachment theorem for the fragments without disjunction. Together with results of Sobociski, Parks and Meyer (which concern theorems only), this leads to axiomatizations of these entire fragments — not merely their theorems. These axiomatizations then form the basis of a proof that all of the basic fragments of RM with implication are finitely axiomatized consequence relations. (shrink)

"[Mitchell] undertakes to explore the nature of images by comparing them with words, or, more precisely, by looking at them from the viewpoint of verbal language.... The most lucid exposition of the subject I have ever read."—Rudolf Arnheim, _Times Literary Supplement_.

Published here in paperback for the first time is much of a final and long-anticipated work by R. G. Collingwood on philosophy of history, of which subject he was the greatest exponent in the English language. The original text of this work was only recently discovered. It is accompanied by shorter unpublished writings by Collingwood on historical knowledge and inquiry. A lengthy editorial introduction sets these writings in their context, and discusses philosophical questions to which they give rise.