According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

This paper investigates the emotive (or expressive) meaning of words commonly referred to as “loaded” or “emotive,” which include slurs, derogative or pejorative words, and ethical terms. We claim that emotive meaning can be reinterpreted from a pragmatic and argumentative perspective, which can account for distinct aspects of ethical terms, including the possibility of being modified and its cancellability. Emotive meaning is explained as a defeasible and automatic or automatized evaluative and intended inference commonly associated with the use of specific (...) terms, which can be represented and assessed considering its logical structure and its defeasibility conditions. This automatic inference is conceived as part of the connotation of an ethical term, and is not necessarily stable. By means of quasi-definitions, it is possible to modify the emotive meaning while maintaining the descriptive one, automaticizing the inferences drawn from an ethical word. Through examples drawn from the recent US presidential campaign, we show how re-contextualization and emotive contexts can affect emotive meaning. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

Against the background of standard possible-worlds semantics, this paper outlines a truthmaker approach to the semantics of attitude reports and modal sentences based on an ontology of attitudinal and modal objects.

The first part of the chapter surveys some of the main ways in which the Sorites Paradox has figured in arguments in practical philosophy in recent decades, with special attention to arguments where the paradox is used as a basis for criticism. Not coincidentally, the relevant arguments all involve the transitivity of value in some way. The second part of the chapter is more probative, focusing on two main themes. First, I further address the relationship between the Sorites Paradox and (...) the main arguments discussed in the first part, by elucidating in what sense they rely on (something like) tolerance principles. Second, I briefly discuss the prospect of rejecting the respective principles, aiming to show that we can do so for some of the arguments but not for others. The reason is that in the latter cases the principles do not function as independent premises in the reasoning but, rather, follow from certain fundamental features of the relevant scenarios. I also argue that not even adopting what is arguably the most radical way to block the Sorites Paradox – that of weakening the consequence relation – suffices to invalidate these arguments. (shrink)

This is a prepublication version of my book Objects and Attitudes. The book develops a novel semantics of attitude reports, modal sentences, and quotation based on the view that sentences semantically act as predicates of various attitudinal and modal objects, entities like claims, requests, promises, obligations, and permissions, rather than standing for abstract propositions playing the role of objects. The approach develops truthmaker semantics for attitudinal and modal objects and has a wide range of applications to issues in philosophy of (...) language, semantics, and philosophy of mind. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In this study two strands of inferentialism are brought together: the philosophical doctrine of Brandom, according to which meanings are generally inferential roles, and the logical doctrine prioritizing proof-theory over model theory and approaching meaning in logical, especially proof-theoretical terms.

The volume analyses and develops David Makinson’s efforts to make classical logic useful outside its most obvious application areas. The book contains chapters that analyse, appraise, or reshape Makinson’s work and chapters that develop themes emerging from his contributions. These are grouped into major areas to which Makinsons has made highly influential contributions and the volume in its entirety is divided into four sections, each devoted to a particular area of logic: belief change, uncertain reasoning, normative systems and the resources (...) of classical logic. Among the contributions included in the volume, one chapter focuses on the “inferential preferential method”, i.e. the combined use of classical logic and mechanisms of preference and choice and provides examples from Makinson’s work in non-monotonic and defeasible reasoning and belief revision. One chapter offers a short autobiography by Makinson which details his discovery of modern logic, his travels across continents and reveals his intellectual encounters and inspirations. The chapter also contains an unusually explicit statement on his views on the role of logic in philosophy. (shrink)

This volume is a collection of some of the most important philosophical papers by Peter Gärdenfors. Spanning a period of more than 20 years of his research, they cover a wide ground of topics, from early works on decision theory, belief revision and nonmonotonic logic to more recent work on conceptual spaces, inductive reasoning, semantics and the evolutions of thinking. Many of the papers have only been published in places that are difficult to access. The common theme of all the (...) papers is the dynamics of thought. Several of the papers have become minor classics and the volume bears witness of the wide scope of Gärdenfors’ research and of his crisp and often witty style of writing. The volume will be of interest to researchers in philosophy and other cognitive sciences. (shrink)

The paper presents a logical framework for the representation of interactions between institutional agents, human agents and software agents. A case study is used to analyze how obligations on institutional agents are “propagated” to human and software agents, and how actions performed by these agents count as actions that satisfy the obligations imposed to institutional agents. It is shown that the relationship between the different kinds of obligations and actions can be represented in terms of the concept of “count as” (...) proposed by Searle, of role and of causality. The logical framework focus on those three concepts. (shrink)

This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...) Conference held at Florida Atlantic University in Boca Raton, Florida and the 2012 14th Wake Forest University Biennial Argumentation Conference held at Casa Artom in Venice, Italy. (shrink)

Some apparently valid arguments crucially rely on context change. To take a kind of example first discussed by Frege, ‘Tomorrow, it’ll be sunny’ taken on a day seems to entail ‘Today, it’s sunny’ taken on the next day, but the first sentence taken on a day sadly does not seem to entail the second sentence taken on the second next day. Mid-argument context change has not been accounted for by the tradition that has extensively studied the distinctive logical properties of (...) context-dependent languages, for that tradition has focussed on arguments whose premises and conclusions are taken at the same context. I first argue for the desiderability of having a logic that accounts for mid-argument context change and I explain how one can informally understand such context change in a standard framework in which the relation of logical consequence holds among sentences. I then propose a family of simple temporal “intercontextual” logics that adequately model the validity of certain arguments in which the context changes. In particular, such logics validate the apparently valid argument in the Fregean example. The logics lack many traditional structural properties (reflexivity, contraction, commutativity etc.) as a consequence of the logical significance acquired by the sequence structure of premises and conclusions. The logics are however strong enough to capture in the form of logical truths all the valid arguments of both classical logic and Kaplan-style “intracontextual” logic. Finally, I extend the framework by introducing new operations into the object language, such as intercontextual conjunction, disjunction and implication, which, contrary to intracontextual conjunction, disjunction and implication, perfectly match the metalinguistic, intercontextual notions of premise combination, conclusion combination and logical consequence by representing their respective two operands as taken at different contexts. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

Bernard Williams drew our attention to what might be wrong with denying the role of luck in our understanding of agency and responsibility. Susan Wolf and David Enoch, in separate works, have asked us to focus instead on what might be virtuous and valuable in embracing that role, and on how our institutions might assist us in that regard. They claim that the agent who ‘takes’ a responsibility that law or morality do not already assign to them may be displaying (...) a special moral virtue or exercising a distinctive moral power. I raise some objections to Wolf’s and Enoch’s case for that claim, and query some of its purported institutional implications for tort law systems. (shrink)

In this paper I propose violation games as the basis of formal logics to represent and reason about norms, i.e. as the foundation of deontic logic. Deontic logic is an applied non-classical logic reflecting a way in which we conceptualize normative reasoning. By introducing violation games as a fundamental principle of deontic logic, I am introducing a new way of looking at familiar problems in normative reasoning, with the aim of introducing a new approach for handling norms in intelligent systems.

In Multi Agent Systems it is often the case that individual preferences are not compatible and coalitions compete to achieve a given result. The paper presents a language to talk about the conflict between coalitional choices and it expresses deontic notions to evaluate them. We will be specifically concerned with cases where the collective perspective is at odds with the individual perspective.

In this paper the class of minimal models C ZI for Kiczuk's system of physical change ZI is provided and soundness and completeness proofs of ZI with respect to these models are given. ZI logic consists of propositional logic von Wright's And Then and six specific axioms characterizing the meaning of unary propositional operator "Zm", read "there is a change in the fact that". ZI is intended to be a logic which provides a formal account for describing two kinds of (...) process change: the change from one state of the process to its other state (e.g., transmitting or absorbing energy with greater or less than the usual intensity) and the perishing of the process (e.g., cessation of the energetic activity of the sun). (shrink)

In this paper the class of minimal models CZI for Kiczuk’s system of physical change ZI is provided and soundness and completeness proofs of ZI with respect to these models are given. ZI logic consists of propositional logic von Wright’s And Then and six specific axioms characterizing the meaning of unary propositional operator “Zm”, read “there is a change in the fact that”. ZI is intended to be a logic which provides a formal account for describing two kinds of process (...) change: the change from one state of the process to its other state and the perishing of the process. (shrink)

Philosophers like G.H. von Wright and D. Makinson have pointed to serious challenges regarding the foundations of deontic logic. In this paper, I suggest that to deal successfully with these challenges a reconsideration of the research program of the discipline is useful. Some problems that have troubled this particular field of logical study for decades may disappear or appear more tractable if we view them from the perspective of a language game introduced by D. Lewis involving three characters: the Master, (...) the Slave and the Kibitzer. The adoption of this perspective opens a natural approach to a new layout of the domain of deontic studies. I propose dividing deontic logic into six sub-areas which are distinguished by their focus on the different idioms typical of the individual players, by conceiving the language game as either being static or as dynamic and by the aims of the logical inquiry. What kind of insights the proposed perspective provides is illustrated by an analysis of the so-called Ross paradox—a problem that has troubled deontic logic since its origins and, though it was many times pronounced solved, still keeps coming back ‘alive and kicking’. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...) understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

Many philosophers working today on the normativity of language have concluded that linguistic activity is not a matter of rule following. These conversations have been framed by a conception of linguistic normativity with roots in Wittgenstein and Kripke. In this paper I use conceptual resources developed by the classical American pragmatists and their descendants to argue that punctate linguistic acts are governed by rules in a sense that has been neglected in the recent literature on the normativity of language. In (...) the course of arguing for this conclusion I defend a Kantian conception of rationality as rule-obeying activity, and I argue that this conception is compatible with a naturalistic understanding of ourselves as rational beings governed by rules of thought and action. (shrink)

This paper generalises classical revision theory of the AGM brand to sets of norms. This is achieved substituting input/output logic for classical logic and tracking the changes. Operations of derogation and amendment—analogues of contraction and revision—are defined and characterised, and the precise relationship between contraction and derogation, on the one hand, and derogation and amendment on the other, is established. It is argued that the notion of derogation, in particular, is a very important analytical tool, and that even core deontic (...) concepts such as that of permission resists a satisfactory analysis without it. By way of illustration the last section of the paper analyses the much debated concept of positive permission, of which there turns out to be more than one kind. (shrink)

Social commitments have long been recognized as an important concept for multiagent systems. We propose a rich formulation of social commitments that motivates an architecture for multiagent systems, which we dub spheres of commitment. We identify the key operations on commitments and multiagent systems. We distinguish between explicit and implicit commitments. Multiagent systems, viewed as spheres of commitment (SoComs), provide the context for the different operations on commitments. Armed with the above ideas, we can capture normative concepts such as obligations, (...) taboos, conventions, and pledges as different kinds of commitments. In this manner, we synthesize ideas from multiagent systems, particularly the idea of social context, with ideas from ethics and legal reasoning, specifically that of directed obligations in the Hohfeldian tradition. (shrink)

This paper suggests that it should be possible to develop dynamic deontic logic as a counterpart to the very successful development of dynamic doxastic logic (or dynamic epistemic logic, as it is more often called). The ambition, arrived at towards the end of the paper, is to give formal representations of agentive concepts such as “the agent is about to do (has just done) α ” as well as of deontic concepts such as “it is obligatory (permissible, forbidden) for the (...) agent to do α ”, where α stands for an action (event). (shrink)

This paper distinguishes between various different conceptions of behaviour and action before exploring an accompanying variety of distinct things that ‘action explanation’ may plausibly amount to viz. different objectives of action explanation. I argue that a large majority of philosophers are guilty of conflating many of these, consequently offering inadequate accounts of the relation between actions and our reasons for performing them. The paper ends with the suggestion that we would do well to opt for a pluralistic understanding of action (...) and its explanations. (shrink)

Volume 23, Issue 2, June 2020, Page 180-186.

Event-causal libertarians maintain that an agent’s settling of whether certain states-of-affairs obtain on a particular occasion can be reduced to the causing of events by certain mental events or states, such as certain desires, beliefs and/or intentions. Agent-causal libertarians disagree. A common critique against event-causal libertarian accounts is that the agent’s role of settling matters is left unfilled and the agent “disappears” from such accounts—a problem known as the disappearing agent problem. Recently, Franklin has argued that an “enriched” event-causal account (...) can overcome this problem. Franklin, however, doesn’t consider whether, as Pereboom argues, the agent as decider of “torn decisions” disappears from even enriched accounts. As I show here, Franklin’s enriched account takes some modifying if it is to overcome Pereboom’s torn decision problem—a special case of the disappearing agent problem. However, as I also show, there is a more fundamental problem facing event-causal libertarian accounts. It is implausible that an agent qua event or state simultaneously settles whether and how she intervenes. The upshot is that events and/or states lack an ability essential to completely fulfilling an agent’s role qua settler. This isn’t a problem for agent-causal accounts like the one offered by Steward because in as much as an agent qua substance settles whether her body moves in certain ways on certain occasions she simultaneously settles whether and how she intervenes. As a consequence, event-causal libertarians face a dilemma, or rather several, that agent-causal libertarians do not. This may ultimately be explained by the irreducibility of causation by agents to causation by events. (shrink)

In this paper, I intend to introduce what I think is a novel proposal in the metaphysics of action: one-particularism. In order to do so, I must first explain two ideas: a concept in the semantics of English that many philosophers of action take to be of great importance in action theory, causative alternation; and the idea of an intrinsic event. By attempting to understand the role that intrinsic events are meant to play in action theory, I then introduce my (...) proposal. Getting clear on what is an intrinsic event is a key, I think, to producing a viable theory of action, or, to be more precise, part of such a general theory, since it is limited to actions whose descriptions employ gerunds or perfect nominals formed from ergative verbs. I conclude by replying to two arguments that would be advanced against my proposal, both found in Alvin Goldman’s A Theory of Action. (shrink)

The traditional distinction between basic and applied science has been much criticized in recent decades. The criticism is based on a combination of historical and systematic epistemic argument. The present paper is mostly concerned with the historical aspect. I argue that the critics impose an understanding at odds with the way the distinction was understood by its supporters in debates on science education and science policy in the nineteenth and twentieth centuries. And I show how a distinction that refers to (...) difference on several epistemic and social dimensions makes good sense of representative historical cases. If this argument is tenable it suggests more continuity in the epistemology and politics of science than has been claimed by a new paradigm of science studies and politics during recent decades. (shrink)

The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by Marc-Wogau (...) (1940 ), we examine some textual evidence for attributing to Olivecrona a so-called Atheoretical Thesis to the effect that imperatives in the law are neither true nor false or lack truth-value altogether. We close the paper by commenting on the celebrated distinction due to Hedenius (1941 ) and further elaborated by Wedberg (1951 ) between genuine ("rule-stating") normative sentences in the law and spurious ones (stating merely that a given rule is (or is not) in force in a given society at a given time). Two interesting difficulties bound up with that distinction will be dealt with. By means of various quotations we try to capture something of the flavour characterizing the legal philosophical discussion in Sweden in the mid-twentieth century during la belle époque of Scandinavian Legal Realism of which Olivecrona was a typical representative. (shrink)

The paper distinguishes between weak and strong epistemic possibility and argues that the notion of strong epistemic possibility is the key to solving some of the most vexing puzzles about the semantics of epistemic modality.

A prominent but poorly understood domain of human agency is mental action, i.e., thecapacity for reaching specific desirable mental statesthrough an appropriate monitoring of one's own mentalprocesses. The present paper aims to define mentalacts, and to defend their explanatory role againsttwo objections. One is Gilbert Ryle's contention thatpostulating mental acts leads to an infinite regress.The other is a different although related difficulty,here called the access puzzle: How can the mindalready know how to act in order to reach somepredefined result? A (...) crucial element in the solutionof these puzzles consists in making explicit thecontingency between mental acts and mentaloperations, parallel to the contingency betweenphysical acts and bodily movements. The paper finallydiscusses the kind of reflexivity at stake in mentalacts; it is shown that the capacity to refer tooneself is not a necessary condition of the successfulexecution of mental acts. (shrink)

This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...) the addressees and, above all, to the insurmountable indeterminacy of the contextual elements. As far as acts of private autonomy are concerned, exemplified by contracts, I will argue that the cooperative principle is applicable, at least in those legal systems that include the principle of bona fides among the interpretative regulations of such acts. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

A large interest has been dedicated in recent years to the study of models for textual databases amenable to an effective integration of search and navigation functions. In the field of legal databases the need for sophisticated models is emphasised by the need to relate and combine in an effective way different types of texts, in order to solve legal problems.In our research we have analysed several existing models, each providing specific benefits and exhibiting corresponding limitations, under both a functional (...) and economical viewpoint. (shrink)

There may be various reasons for claiming that meaning is normative, and additionally, very different senses attached to the claim. However, all such claims have faced fierce resistance from those philosophers who insist that meaning is not normative in any nontrivial sense of the word. In this paper I sketch one particular approach to meaning claiming its normativity and defend it against the anti-normativist critique: namely the approach of Brandomian inferentialism. However, my defense is not restricted to inferentialism in any (...) narrow sense for it encompasses a much broader spectrum of approaches to meaning, connected with the Wittgensteinian and especially Sellarsian view of language as an essentially rule-governed enterprise; and indeed I refrain from claiming that the version of inferentialism I present here is in every detail the version developed by Brandom. (shrink)

In a remarkable early paper, Wilfrid Sellars warned us that if we cease to recognize rules, we may well find ourselves walking on four feet; and it is obvious that within human communities, the phenomenon of rules is ubiquitous. Yet from the viewpoint of the sciences, rules cannot be easily accounted for. Sellars himself, during his later years, managed to put a lot of flesh on the normative bones from which he assembled the remarkable skeleton of the early paper; and (...) his followers too. However, what they say is somewhat divergent; and therefore my aim in this paper is to concentrate on the very concept of rule and analyse it in the context of the question what it is about us humans that makes us special. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

¿Cómo justificar la validez jurídica de aquellas normas cuya creación no puede ser evaluada como regular o irregular por apelación a ninguna otra norma jurídica? Entre las respuestas más ilustres a este problema se cuentan la norma fundante kelseniana y la regla de reconocimiento de Hart, pero cada una de esas ideas ha sido objeto de serias críticas. Eugenio Bulygin ha efectuado aportes decisivos en esta discusión: ha advertido que cuando se examina el fundamento último de la validez de las (...) normas jurídicas es preciso discriminar un sentido prescriptivo y uno descriptivo de validez, y que la norma fundante de Kelsen no es sino el producto de una confusión entre ambos; ha resaltado que la regla de reconocimiento debe interpretarse como una regla conceptual que especifica los criterios de identificación de las normas jurídicas, y ha señalado que las normas de competencia no pueden reconstruirse como normas de conducta. Si bien con tales aportes ha sentado las bases para ofrecer una solución, su reconstrucción requiere de ciertas precisiones para poder ser considerada una respuesta enteramente satisfactoria a la pregunta respecto del fundamento último de la validez jurídica. How is it possible to ground the legal validity of those rules whose creation cannot be assessed as regular or irregular by reference to any other legal rule? Kelsen's basic norm and Hart's rule of recognition are among the most famous answers to this question, but both ideas have been seriously challenged. Eugenio Bulygin has made decisive contributions to this discussion. He has shown that in the analysis of the ultimate ground of validity of legal rules, two different senses of validity should be distinguished: a prescriptive and a descriptive sense, and that the Kelsenian basic norm is nothing but the product of confusion between these two different senses. He has also claimed that the rule of recognition has to be understood as a conceptual rule specifying the criteria of identification of legal rules, and those power-conferring rules cannot be interpreted as prescriptive norms of conduct. Although these contributions have provided a basic framework for a possible solution, Bulygin's ideas need a refinement in order to be considered as a satisfactory answer to the question concerning the ultimate ground of legal validity. (shrink)

We provide a formally rigorous framework for integrating singular causation, as understood by Nuel Belnap's theory of causae causantes, and objective single case probabilities. The central notion is that of a causal probability space whose sample space consists of causal alternatives. Such a probability space is generally not isomorphic to a product space. We give a causally motivated statement of the Markov condition and an analysis of the concept of screening-off. 1. Causal dependencies and probabilities1.1Background: causation in branching space-times1.2What are (...) probabilities defined for?2. Basic transitions2.1Basics of basic transitions2.2Sets of basic transitions3. Causal probability theory3.1Some simple cases3.2General causal probabilities3.3Application: probability of suprema of a chain. (shrink)

This paper defends the acts/omissions distinction which underpins the present law on euthanasia, from various criticisms, and aims to show that it is supported by fundamental principles. After rejecting arguments that deny the coherence and/or legal relevance of the distinction, the discussion proceeds to focus on the causal relationship between the doctor and the patient's death in each case. Although previous analyses, challenging the causal efficacy of omissions generally, are shown to be deficient, it is argued that in certain cases (...) of causing death by omission the causal authorship of the doctor lapses. The final part of the paper examines why this should be morally significant and proposes an answer in terms of the principle of equality. Assuming all other factors are equal, the infringement of this principle provides an additional reason against actively killing a patient, which is not present in cases of passively letting die. (shrink)

Some philosophers have argued that refraining from performing an action consists in actively keeping oneself from performing that action or preventing one’s performing it. Since activities must be held to be positive actions, this implies that negative actions are a species of positive actions which is to say that all actions are positive actions. I defend the following claims: (i) Positive actions necessarily include activity or effort, negative actions may require activity or effort, but never include the activity or effort (...) which may be required. (ii) Unless it is, or was, at some time in P’s power to Q, P does not refrain from Q-ing. (iii) Negative actions are actions , they are causings of negative facts. (shrink)

En esta contribución intentaré mostrar que el criterio lex superior derogat legi inferiori conduce a una consecuencia que, al menos en lo que conozco, no ha sido todavía advertida. Si las normas de la máxima jerarquía de un sistema jurídico, verbigracia, normas constitucionales constituyen un conjunto consistente, entonces necesariamente el sistema jurídico es consistente. Dicho de otra manera, lex superior preserva necesariamente la consistencia. Si las normas del nivel más alto son miembros de un conjunto consistente, los niveles inferiores de (...) la jerarquía no podrían admitir normas contradictorias con las superiores. Más aún, habida cuenta que de una contradicción se sigue cualquier norma, en virtud del principio lógico ex falso quodlibet, de dos normas contradictorias que pertenecen a algún nivel inferior se derivan algunas normas en contradicción con normas del nivel superior; así normas contradictorias no podrían ser admitidas en los niveles inferiores. In this contribution, I shall intend to show that the criterion lex superior derogat legi inferiori has a consequence which, as far as I know, has not been noted yet: if the higherlevel norms in a legal system, i.e. constitutional norms, configure a consistent set, then necessarily the legal system is consistent. Lex superior preserves necessarily the consistency, as it were. If higher-level norms are members of a consistent set, then the lower-levels could admit no norm in contradiction with the higher-level norms. Moreover, given that from a contradiction follows anything, in virtue of the logical principle ex falso quodlibet, from two contradictory lower-level norms follow some norms in contradiction with norms of the higher-level, thus contradictory norms could never be admit in the lower-levels. (shrink)