Focusing on Hans Kelsen's concept of the 'ought', the main problem is whether the 'ought' qua obligation or the 'ought' qua empowerment or competence serves as his fundamental normative concept. Stanley L Paulson has adduced strong textual arguments for the thesis that the fundamental role played by empowerment represented Kelsen's opinion ever since the late 1930s. But to accept the thesis of the fundamental character of empowerment as an interpretive thesis is not, eo ipso , to accept it as a (...) norm-theoretic thesis. In light of this background, I take up three arguments for conceiving the modality of obligation as being at least as fundamental: the chain argument, the argument from unlawfulness, and the argument from overload. This leads to the conclusion that Kelsen's 'ought' would be incomplete if it did not comprise obligation as a modality that is at least as fundamental as the modality of empowerment or competence. (shrink)

What makes an external whistleblower effective? Whistleblowers represent an important conduit for dissensus, providing valuable information about ethical breaches and organizational wrongdoing. They often speak out about injustice from a relatively weak position of power, with the aim of changing the status quo. But many external whistleblowers fail in this attempt to make their claims heard and thus secure change. Some can experience severe retaliation and public blacklisting, while others are ignored. This article examines how whistleblowers can succeed in bringing (...) their claims to the public’s attention. We draw on analyses of political struggle by Ernesto Laclau and Chantal Mouffe. Specifically, we propose that through the raising of a demand, the whistleblowing subject can emerge as part of a chain of equivalences, in a counter-hegemonic movement that challenges the status quo. An analysis of a high-profile case of tax justice whistleblowing-that of Rudolf Elmer-illustrates our argument. Our proposed theoretical framing builds upon and contributes to literature on whistleblowing as organizational parrhesia by demonstrating how parrhesiastic demand might lead to change in public perception through the formation of alliances with other disparate interests—albeit that the process is precarious and complex. Practically, our article illuminates a persistent concern for those engaged in dissensus via whistleblowing, and whose actions are frequently ignored or silenced. We demonstrate how such actions can move towards securing public support in order to make a difference and achieve change. (shrink)

This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on (...) such claim cannot be accepted.[b]. (shrink)

The main purpose Robert Alexy tries to achieve with The argument from Injustice and all the other works he wrote on the same topic is to prove, against legal positivism, that law is a bidimensional concept comprising both a real or institutional dimension and an ideal one. As we know, positivism believes that law is valid for formal or factual reasons that just contingently, this is the inclusive variant, may incorporate moral elements; otherwise Professor Alexy believes that law, the concept (...) of law, is to be defined such that, alongside these fact oriented-properties, moral elements must be included. This paper is intended to analyse the core of Professor Alexy’s connection argument between factual and ideal dimensions of the law, in order to support this central conclusion: his theory is only perfectly acceptable as a theory “of and about” democratic and constitutional legal systems, and not if intended as a theory “of and about” the concept of law. (shrink)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

This article examines Robert Alexy's account of legal validity. It concludes that Alexy's account of legal validity lacks sufficient support given the author's methodological commitments. To reach that conclusion, it assesses the plausibility of simultaneously maintaining that the participant's perspective has conceptual privilege in the explanation of the nature of law, that legal discourse is a special case of general practical discourse, and that unjust considerations can be legally valid norms.

Many philosophers invoke the "wisdom of nature" in arguing for varying degrees of caution in the development and use of genetic enhancement technologies. Because they view natural selection as akin to a master engineer that creates functionally and morally optimal design, these authors tend to regard genetic intervention with suspicion. In Part II, we examine and ultimately reject the evolutionary assumptions that underlie the master engineer analogy (MEA). By highlighting the constraints on ordinary unassisted evolution, we show how intentional genetic (...) modification can overcome many of the natural impediments to the human good. Our contention is that genetic engineering offers a solution that is more eff icient, reliable, versatile, and morally palatable than the lumbering juggernaut of Darwinian evolution. In Part III, we evaluate a recent attempt to ground precautionary enhancement heuristics in adaptive etiology. Our problem with this approach is two-fold: first, it is based on the same "strong adaptationist" interpretation of evolution that motivates the flawed MEA, and second, the etiological concept of function on which it relies provides indirect and potentially misleading information about the likely consequences of genetic intervention. We offer instead enhancement criteria based on causal relationships in ontogeny. We conclude that rather than grounding a presumption against deliberate genetic modification, the causal structure of the living world gives us good moral reason to pursue it. (shrink)

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

This article argues that Robert Alexy's influential theory of balancing is affected by a contradiction that makes it unfeasible as an instrument by which to explain some aspects of law and legal reasoning it aims to clarify. In particular, I will show that one of the premises of Alexy's theory of balancing is incompatible with its conclusion. Alexy's theory is based upon a sharp distinction between rules and principles. However, as my analysis will demonstrate, its conclusion implies that it is (...) impossible to distinguish between rules and principles. This is because the so-called weight formula and the law of colliding principles (i.e., the two main notions used by Alexy to explain balancing) cancel out any difference between these two types of norms. (shrink)

This article explores the common points and the differences between Hans Kelsen’s and Robert Alexy’s application theories. Although Kelsen subscribed to moral relativism and denied the idea of a practical reason, while Alexy criticised moral relativism and defended the idea of a communicative reason, it is argued that the two theories share important common features, such as denying that interpretation can point one single answer as the right one and acknowledging that interpretation is comprised by both knowledge and will. The (...) article acknowledges that there are differences between both theories, analyses whether these differences are qualitative or quantitative and, in the end, concludes that between the two theories there is not disruption, as one might believe, but rather continuity. (shrink)

Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.

The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are posed, namely (...) problems derived from the idea of consensus and that of a single correct answer to certain practical issues that include conflicts of values and raise basic disagreements. (shrink)

According to Ruth Chang the three standard positive value relations: “better than”, “worse than” and “equally good” do not fully exhaust the conceptual space for positive value relations. According to her, there is room for a fourth positive value relation, which she calls “parity”. Her argument for parity comes in three parts. First, she argues that there are items that are not related by the standard three value relations. Second, that these items are not incomparable, and third, that the phenomena (...) she has focused on are not due to the vagueness of the comparative predicates. This paper focuses on the second part of the argument and an objection is presented. By assuming the Small Unidimensional Difference Principle, which is a key premise for the second part of the argument, Chang’s argument could be accused of begging the question. More so, by assuming this principle, the space for incomparability gets severely limited. If these worries are justified, then Chang’s argument for parity as a fourth form of comparability is unsuccessful. (shrink)

The argument from the claim to correctness has been put forward by Robert Alexy to defend the view that normative utterances admit of objective answers. My purpose in this paper is to preserve this initial aspiration even at the cost of diverting from some of the original ideas in support of the argument. I begin by spelling out a full-blooded version of normative cognitivism, against which I propose to reconstruct the argument from the claim to correctness. I argue that the (...) context of uttering normative propositions points to the possibility of normative cognition, but does not constitute it. What constitutes the possibility of cognition is, as of necessity, the propositional structure of norms. I conclude that the argument from the claim to correctness ought to safeguard a distinction between the context of uttering a normative sentence and the proposition that individuates the content of the utterance. (shrink)

This paper offers a critical analysis of the logical structure of principles proposed by Robert Alexy and, in particular, of their structure as optimisation commands. Its first part dwells on the question whether the optimisation element in the logical structure should be understood as part of modalisation, as part of the consequent, or as an independent element. In the second part, the author analyses possible forms of inter-definability of deontic operators. Finally, some questions are raised on the conditional structure proposed (...) by Alexy for principles. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law.

The Chain of Change is the first full-scale philosophical commentary devoted to Aristotle's Physics VII, in which Aristotle argues for the existence of a first, unmoved cosmic mover. This study systematically considers the major issues of the book, and argues for the fundamental importance of Physics VII in our understanding of Aristotelian cosmology and natural science. Physics VII is extant in two versions, and therefore poses special editorial problems. For this reason one of the features of Dr. Wardy's study is (...) the provision of an improved text and translation in both versions. The author's comprehensive comparison of their merits, philosophical and philological, has a significant bearing on our understanding of the nature and evolution of the Aristotelian corpus. The second part of the book is devoted to critical examination of the argument, including one of the most elaborate and challenging in the entire Aristotelian corpus. Throughout, the author concentrates on those points where Aristotle diverges most sharply and provocatively from contemporary presumptions in philosophy and natural science. (shrink)

Rationals and countable ordinals are important examples of structures with decidable monadic second-order theories. A chain is an expansion of a linear order by monadic predicates. We show that if the monadic second-order theory of a countable chain C is decidable then C has a non-trivial expansion with decidable monadic second-order theory.

A version of Bradley's regress can be endorsed in an effort to address the problem of the unity of states of affairs or facts, thereby arriving at a doctrine that I have called fact infinitism . A consequence of it is the denial of the thesis, WF, that all chains of ontological dependence are well-founded or grounded. Cameron has recently rejected fact infinitism by arguing that WF, albeit not necessarily true, is however contingently true. Here fact infinitism is supported by (...) showing that Cameron's argument for the contingent truth of WF is unsuccessful. (shrink)

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important (...) role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection. (shrink)

A version of Bradley's regress can be endorsed in an effort to address the problem of the unity of states of affairs or facts, thereby arriving at a doctrine that I have called fact infinitism. A consequence of it is the denial of the thesis, WF, that all chains of ontological dependence are well‐founded or grounded. Cameron has recently rejected fact infinitism by arguing that WF, albeit not necessarily true, is however contingently true. Here fact infinitism is supported by showing (...) that Cameron's argument for the contingent truth of WF is unsuccessful. (shrink)

The main thesis of this article is that Kant’s concept of law is a non-positivistic one, notwithstanding the fact that his legal philosophy includes very strong positivistic elements. My argument takes as its point of departure the distinction of three elements, around which the debate between positivism and non-positivism turns: first, authoritative issuance, second, social efficacy, and, third, moral correctness. All positivistic theories are confined to the first two elements. As soon as a necessary connection between these first two elements (...) and the third element, moral correctness, is established, the picture changes fundamentally. Positivism becomes non-positivism. There exist two kinds of connections between law and morality: classifying and qualifying connections. This distinction stems from different sorts of effects that moral defects give rise to. A classifying connection leads to the loss of legal validity, whereas a qualifying connection leads only to legal defectiveness. In Kant’s theory of law both connections are found. The qualifying connection is conspicuous throughout Kant’s theory of law, whereas the classifying connection, by contrast, is rare and well hidden. This will suffice to consider Kant as a representative of inclusive non-positivism. (shrink)

The present study examines the development of complex sentences with non-finite clause combining with particular focus on clause chaining, in narratives of 40 Turkish-speaking 4- to 11-year-olds and six adults elicited by a wordless picture book. Results show a gradual increase by age in the variety of clauses combined, the length of the complex sentences and their frequency of use. Clause chains formed with converbal clauses are the earliest and most frequent type of clause combinations, already present in 4-year-olds’ complex (...) sentences with 1-non-finite clause. Older children’s and adults’ 2- or 3-non-finite clause complex sentences consist of some combinations of adverbial, complement, relative and converbal clauses. Developmentally, clause chains establish first, aspectual-temporal continuity, then temporal-causal continuity. Sentence-internal and cross-sentence-boundary referential continuities are present early, from age 4 onwards. These findings are discussed in terms of the demands of narrative organization as well as the syntactic and semantic complexity of the clause combination devices in Turkish. (shrink)

Alexis Fontaine des Bertins was the first French mathematician to make use of the calculus of several variables in the integration of ordinary differential equations . In this paper I argue that this usage evolved from Fontaine's ‘fluxio-differential method’ of the early 1730s. In this way I extend the thesis enunciated in an earlier paper in this journal.

While considerable attention has been given to the harm done to consumers by marketing, less attention has been given to the harm done by consumers as an indirect effect of marketing activities, particularly in regard to supply chains. The recent development of dramatically expanded global supply chains has resulted in social and environmental problems upstream that are attributable at least in part to downstream marketers and consumers. Marketers have responded mainly by using corporate social responsibility (CSR) communication to counter the (...) critique of CSR practice, but these claims of ethical corporate behavior often lack credibility and can result in a backlash against brands. The article argues that more adequate attention to the harmful upstream effects of downstream marketing and consumption decisions requires greater attention to stakeholder marketing and marketer efforts to help create responsible consumers. It concludes by identifying implications for further research in this important emergent area of marketing ethics. (shrink)