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)

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)

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...

A major part of police work consists in providing services and information to the general public. A stated goal of such police work is to be service-minded and contribute to a positive encounter. This article analyses service requests in calls to the duty desk of a large police station and focuses on how officers deal with requests that have to be rejected. It reveals a general pattern in which officers produce the rejection in a dispreferred format and include displays of (...) empathy, accounts for the rejection and suggestions for alternative solutions. However, in certain types of requests the rejections are not infrequently produced in a direct and unmitigated fashion, without accounts or explanations.This is especially notable in requests that touch upon institutional constraints, such as professional secrecy. And in certain cases the rejections are even delivered in an aggravated form, involving an explicit or implicit challenge to the legitimacy of the request. These rejections cast the caller in an oppositional role, infringing the professional constraints of the police. However, the constraints in question may not be accessible to the callers. The officers will consequently be experienced as hostile and will subvert their own objectives of showing service-mindedness. (shrink)

An explanation of the Dunning–Kruger effect is provided which does not require any psychological explanation, because it is derived as a statistical artifact. This is achieved by specifying a simple statistical model which explicitly takes the boundary constraints into account. The model fits the data almost perfectly.JEL ClassificationA22; C24; C91; D84; D91; I21.

Gauss’ 1809 discussion of least squares, which can be viewed as the beginning of mathematical statistics, is reviewed. The general consensus seems to be that Gauss’ arguments are at fault, but we show that his reasoning is in fact correct, given his self-imposed restrictions, and persuasive without these restrictions.

In this paper I want to point out the multifaceted impact of utilitarianism as well as pragmatism, applied as the unified philosophy of environmental protection. Special attention is paid to the utilitarian aspect of Marxism, and a continuous, comprehensive case study from Poland – in the context of European economic realities – serves as an example of social receptionof the utilitarian paradigm in contemporary environmental protection policy.

The contributions in this volume treat aspects and manifestations of this cultural symbiosis, and they throw new light on authors and texts both more and less ...

_Airy Nothings_ contains eleven contributions on the scholarly and literary representations of the Otherworld of Faerie from the Middle Ages to the Enlightenment.

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)

In two experiments and two different research paradigms, we tested the hypothesis that Zen meditation increases access to accessible but unconscious information. Zen practitioners who meditated in the lab performed better on the Remote Associate Test than Zen practitioners who did not meditate. In a new, second task, it was observed that Zen practitioners who meditated used subliminally primed words more than Zen practitioners who did not meditate. Practical and theoretical implications are discussed.

Over the past three centuries in the West, there has been a sort of oscillation between two antagonistic visions of the world. One sees the world as being fundamentally inert, in such a manner that all hopes, dreams and technological delights are permitted. The other thinks of the world as inhabited by a spirit who consecrates all its parts by recording them in a great whole. We can think of the pantheism that sets itself in opposition to Newton's materialism or, (...) more exactly, to the materialist interpretation given to Newton in the 18th century. In the 17th century the opposite had occurred. The magic universe of the Renaissance had given place to the triumphs of the Cartesian mechanism. As for protestantism, which is said to have been one of the most powerful factors of disenchantment after the 17th century, how was one not to see it prolonged, by reaction, into a philosophy for which nature is the tangible presence of God? When Calvin wrote that nothing happens in nature that is not a direct effect of the divine will, we already see appear in the background the mystic ecstasies that Rousseau experienced in nature. For if no single leaf flutters and no breeze blows without divine intervention, then receiving the slightest sensation would mean, according to Jean-Jacques Rousseau, entering into direct contact with God. (shrink)

In searching for an appropriate utility function in the expected utility framework, we formulate four properties that we want the utility function to satisfy. We conduct a search for such a function, and we identify Pareto utility as a function satisfying all four desired properties. Pareto utility is a flexible yet simple and parsimonious two-parameter family. It exhibits decreasing absolute risk aversion and increasing but bounded relative risk aversion. It is applicable irrespective of the probability distribution relevant to the prospect (...) to be evaluated. Pareto utility is therefore particularly suited for catastrophic risk analysis. A new and related class of generalized exponential (gexpo) utility functions is also studied. This class is particularly relevant in situations where absolute risk tolerance is thought to be concave rather than linear. (shrink)

One of the dominant characteristics of Western philosophical and literary history of the last two centuries is that the object of desire (in the novel) and the object of perception (in epistemology) have been made to reveal aspects which are more complex than the classical age had suspected. With Descartes, everything was clear: the object is but a portion of extension. But with Kant things already become more complicated: the object has a mysterious. en-soi (an sich-in itself) which escapes us. (...) And the object of desire, in literature, acquires such a mystic character that it loses its status of creature. “For what the romantic lover seeks is not really the beloved”, writes Eric Heller. “Intermingled with his erotic craving, inarticulate, diffuse, and yet dominating it, is the desire for spiritual salvation.” It is no longer the object (the creature) which one wishes to embrace, but the invisible reality mirrored in it. Desire does not tend so much toward objects as toward what lies beyond these objects where, it believes, it will find its salvation. (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)

At first glance, the formulation of the principle of inertia—not. yet complete with Galileo, more precise with Gassendi, finally systematic with Newton—seems to constitute but one of the aspects of a process of deep transformations at the end of which traditional cosmology was replaced by various world systems. These transformations—or, to use a more classic term, this “ scientific revolution” —have been the object of numerous works, a list, of which would alone fill the pages of a thick volume. But (...) the principle of inertia itself, a principle about which can be said without exaggeration that it expressed the essence of this revolution at the same time as it stimulated it, has perhaps not received all the attention it deserves. And especially the impact of this principle on Western culture has not been fully measured. True, Alexandre Koyré has always insisted on the fact that, by reducing movement to a state like that of the state of rest, the principle of inertia expressed a new vision of the world more than a scientific result. But his admirable analyses deal more with the slow advent of the priciple of inertia among the natural philosophers who preceded, accompanied and then followed Galileo than with the theological, philosophical and literary impact of this principle. Moreover, by examining this impact, we discover that it is necessary to make a distinction between Euclidian space and absolute space, a distinction which is frequently implicit with certain scientific historians, but, and this must be emphasized, is more often ignored. (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)

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)