BackgroundPrevious studies suggested a circadian variation of migraine attack onset, although, with contradictory results – possibly because of the existence of migraine subgroups with different circadian attack onset peaks. Migraine is primarily a brain disorder, and if the diversity in daily distribution of migraine attack onset reflects an important aspect of migraine, it may also associate with interictal brain activity. Our goal was to assess brain activity differences in episodic migraine subgroups who were classified according to their typical circadian peak (...) of attack onset.MethodsTwo fMRI studies were conducted with migraine without aura patients (n= 31 in Study 1,n= 48 in Study 2). Among them, three subgroups emerged with typical Morning, Evening, and Varying start of attack onset. Whole brain activity was compared between the groups in an implicit emotional processing fMRI task, comparing fearful, sad, and happy facial stimuli to neutral ones.ResultsIn both studies, significantly increased neural activation was detected to fearful (but not sad or happy) faces. In Study 1, the Evening start group showed increased activation compared to the Morning start group in regions involved in emotional, self-referential (left posterior cingulate gyrus, right precuneus), pain (including left middle cingulate, left postcentral, left supramarginal gyri, right Rolandic operculum) and sensory (including bilateral superior temporal gyrus, right Heschl’s gyrus) processing. While in Study 2, the Morning start group showed increased activation compared to the Varying start group at a nominally significant level in regions with pain (right precentral gyrus, right supplementary motor area) and sensory processing (bilateral paracentral lobule) functions.ConclusionOur fMRI studies suggest that different circadian attack onset peaks are associated with interictal brain activity differences indicating heterogeneity within migraine patients and alterations in sensitivity to threatening fearful stimuli. Circadian variation of migraine attack onset may be an important characteristic to address in future studies and migraine prophylaxis. (shrink)

This book offers a critical account of the fundamental elements of Leibniz's philosophy, as they manifest themselves in his metaphysics and philosophy of language. Emphasis is placed upon his hitherto neglected doctrine of nominalism, which states that only concrete individuals exist and that there are no such things as abstract entities – no numbers, geometrical figures or other mathematical objects, nor any abstractions such as space, time, heat, light, justice, goodness, or beauty. Using this doctrine as a basis, the book (...) considers the core of Leibniz's metaphysics and philosophy of language, including the well‐known principles of Contradiction, Sufficient Reason, Continuity and Individuation, and the concepts of Possible World, Individual Substance, Truth, and Necessity. (shrink)

In this paper, I propose a critique of the naturalist version of the Desire-Based Reasons Model. I first set the scene by spelling out the connection between naturalism and the Model. After this, I introduce Christine Korsgaard’s circularity argument against what she calls the instrumental principle. Since Korsgaard’s targets, officially, were non-naturalist advocates of the principle, I show why and how the circularity charge can be extended to cover the naturalist Model. Once this is done, I go on to investigate (...) in some detail the different ways of responding to the circularity challenge. I argue that none of these responses succeed, at least not without serious costs to their advocates. I then end the paper with a brief summary and some concluding remarks. (shrink)

Examing the question, which is the title of the paper, in the light of the works of some prominent philosophers of science.

We focus on the question of how expertise as conceived by the Stoics interacts with the content of impressions. In Section 1, we situate the evidence concerning expert perception within the Stoic account of cognitive development. In Section 2, we argue that the content of rational impressions, and notably of expert impressions, is not exhausted by the relevant propositions. In Section 3, we argue that expert impressions are a subtype of kataleptic impressions which achieve their level of clarity and distinctness (...) due to the contribution of expertise. In Section 4, we argue that the expertise in living well not only allows the wise person to assent correctly but also affects the content of her impressions. We suggest that these two models – one’s attitude toward an impression being informed by expertise, and one’s impressions being affected by expertise – might characterize distinct stages of cognitive development. Stoic wisdom is not only a matter of the way one assents to one’s impressions but also a matter of the condition of one’s soul and, consequently, of the kinds of impressions one even entertains. Expertise offers a model of how cognitive and discriminatory improvement through practice and effort can transform the non-wise into the wise. A reading on which the content of impressions is not exclusively propositional illuminates a further aspect of this transformation. If the same propositions are accessible through impressions with different non-propositional content, we can account for cases in which the novice and the expert entertain the same proposition. (shrink)

From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation of suicide. Nevertheless, (...) Kant's basic conception of autonomy underlies both of these otherwise distinct forms of lawgiving, such that acts of suicide and capital punishment are rendered equally irrational within his overall framework. (shrink)

This paper focuses on the narrative aspect of Seneca’s idea of self-transformation. It compares Seneca’s viewpoint with some modern notions of the narrative self to highlight some parallels and significant differences between the ancient and modern conceptions and it establishes the reading of some parts of De Brev. Vit. in the context of other passages as concerned with the narrative self. The paper argues, amongst other points, that in Ep. 83.1–3, Seneca extends the practice of meditatio (ethically directed self-examination) by (...) incorporating the construction of a narrative self into this process, in dual roles, as examiner and examined. It concludes that Seneca expected us to avail ourselves of a similar self-assessment based on a dialogue with philosophical texts. (shrink)

The topic of this article is the ontology of practical reasons. We draw a critical comparison between two views. According to the first, practical reasons are states of affairs; according to the second, they are propositions. We first isolate and spell out in detail certain objections to the second view that can be found only in embryonic form in the literature – in particular, in the work of Jonathan Dancy. Next, we sketch possible ways in which one might respond to (...) each one of these objections. A careful evaluation of these complaints and responses, we argue, shows that the first view is not as obviously compelling as it is thought by Dancy. Indeed, it turns out that the view that practical reasons are propositions is by no means unworkable and in fact, at least under certain assumptions, explicit considerations can be made in favour of a propositional construal of reasons. (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

Universal por estar no direito e particular por estar fora do direito, o “sujeito” de referência deste trabalho é o “autista”. Esta escolha garantiu a definição do sistema social, que foi concebido segundo o modo como os autistas se viam ou eram vistos. O sistema teórico foi delimitado segundo tradições intelectuais que problematizam o “sujeito” de acordo com questões formuladas pelos campos empíricos. O esquema metodológico visa a conhecer o “sujeito” por dentro dos sistemas e entre eles. O objetivo teórico (...) é pensar o “sujeito” considerando que o universal do direito não resulta da pluralidade do “sujeito”. (shrink)

I begin the chapter with research, reported recently in The Atlantic, on the surprising phenomenon that many successful women, all accomplished and highly competent, exhibit high degrees of self-doubt. Unlike the original research, the chapter aims to bring into view the role self-respect plays in higher education as another crucial explanatory factor. First, I clarify the main concepts that are relevant for getting a clear view of the notion of self-respect: different kinds of self-respect and the connection to the notion (...) of self-esteem are discussed. After this, in section III, I move on to the main theoretical positions that historically have put self-respect in the centre of their theorizing. The story starts with Immanuel Kant, continues with John Rawls, and ends with the influential accounts of Axel Honneth, Avishai Margalit and several feminist thinkers. Having covered the theoretical and conceptual landscape, I finally connect self-respect to higher education both on the systematic as well as on the more applied level of thinking. I then wrap up the chapter by connecting back to The Atlantic story we have started out with as well as make suggestions of further reading for those with deeper interest in the topic. I also provide a a brief list of the main takeaways as well propose some questions for discussion. (shrink)

(OPEN ACCESS) This paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions on political participatory rights. I (...) argue for the Internal Restriction Approach instead, which can justify electoral quotas by specifying the pro tanto scope of political participatory rights rather than by justifying restrictions on the pro tanto scope of these rights. On this approach, adequately set electoral quotas do not even conflict with and are not balanced against political participatory rights, while electoral quotas—when justified—are pro tanto required rather than merely permitted. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal status does not (...) justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important implications (...) for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aristotle's On the Soul: A Critical Guide ed. by Caleb M. CohoeAttila HangaiCaleb M. Cohoe, editor. Aristotle's On the Soul: A Critical Guide. Cambridge: Cambridge University Press, 2022. Hardback, $99.99.Guiding readers through Aristotle's science of the soul, this volume covers many major topics of De Anima (DA) and addresses specific questions, including perennial interpretive problems. The self-contained chapters approach the text either by illuminating its context or by (...) elucidating key psychological concepts. While some contributions refer to relevant [End Page 318] positions by Aristotle's predecessors or contemporary philosophers, connections drawn to other Aristotelian texts predominate. Throughout, the emphasis is on philosophical questions. The result is a first-rate philosophical guide through this densely written treatise, which allows experienced readers of DA to deepen their understanding of Aristotelian psychology. Since most chapters approach interpretive issues from new angles and presuppose familiarity with the existing scholarship, beginners may want to start elsewhere.In Reeve's reading (chapter 1), Aristotle pursues dialectic in DA to define the soul as the first principle for the science of life. He construes dialectic as "going through puzzles and solving them by appeal to endoxa" (21), and equates it with induction from perceptual experience to knowledge of principles and causes. Contesting this view, Carter (chapter 2) argues that the physicist's method is not dialectical because the predecessors' views, conflicting as they are, do not constitute endoxa. Through close readings of DA II.2–5, he shows that Aristotle investigates earlier theories to assess how well they explain the main functions of the soul. One pertinent theory takes the soul to be attunement (harmonia). Shields (chapter 4) elucidates Aristotle's case for hylomorphism as an advance over the harmonia theory. Although harmonia (as the proper arrangement of parts) implies normativity, it falls short of rendering the soul as a final cause with its own good, so it cannot explain the unity of the body. Frey's chapter 5 on the soul's unity deals with this latter function. The problem of unity stems from the fact that each level in the hierarchy of souls—nutritive, perceptual, rational—can be defined independently, yet a posterior soul presupposes the existence of all prior ones. The key Frey uses to understand unity is potential presence. Just as a triangle is present potentially in a quadrangle—for division of the latter yields triangles—so too is the nutritive soul present potentially in the perceptual soul, although not due to a separating act. This, however, has counterintuitive implications: animal nutrition would be the function of a perceptual soul; furthermore, the nutritive soul of the embryo (in Frey's biological example) would first be present potentially (as undeveloped) and, once actualized (when developed), would revert to potentiality (at the development of the perceptual soul). Frey's other proposal is more promising. It turns on the notion of natural continuity: having an internal cause for a characteristic change with a unitary goal. Thus, the soul's unity for Frey (despite his reservations) seems to boil down to teleology: the soul sets a goal achieved through the manifestation of species-specific life functions. Invoking the biology of animal reproduction, Gelber (chapter 6) complements the teleological unity regarding the nutritive soul-part with the unity constituted by the continuity of the processes of nutrition, growth, and reproduction, namely, unity by material and efficient causes.Among the three contributions on reason (nous), Scheiter (chapter 3), examining its separability, breaks with the traditional interpretation and takes Aristotle to show (in DA III.4 and I.3) that reason is independent not only of bodily organs but of any magnitude (megethos). This envisages DA III.4–8 as an investigation into how reason functions as a different kind of capacity. It turns out, according to Kelsey's insightful chapter 11, that reason's actuality—insight (noēsis)—is the same as its intelligible object (noēton), and so intelligibility depends on separation from matter by the actuality of reason, making all and only the immaterial things intelligible and intelligent. Cohoe (chapter 12) draws the conclusion: human reason for Aristotle—being the defining part of the human soul, most... (shrink)

In Hellenistic philosophy, one can find contrasting evaluations of the argumentative use of merely conceivable states of affairs. On the one hand, Epicureans discard any proposal that has no plausibility from the point of view of someone in possession of the relevant expertise. On the other hand, Sceptics regularly invoke views which one might conceivably hold, irrespective of the view’s epistemic credentials or whether or not it has or has ever had actual proponents. Since thought experiments often introduce scenarios involving (...) merely conceivable but non-actual states of affairs, the positions of Epicureans and Sceptics regarding conceivability can be transposed into different attitudes towards the method of thought experiments. (shrink)

This paper aims to investigate Allan Gibbard’s norm-expressivist account of normativity. In particular, the aim is to see whether Gibbard’s theory is able to account for the normativity of reason-claims. For this purpose, I first describe how I come to targeting Gibbard’s theory by setting out the main tenets of quasi-realism cum expressivism. After this, I provide a detailed interpretation of the relevant parts of Gibbard’s theory. I argue that the best reading of his account is the one that takes (...) normativity to be carried by a controlled, coherent, comprehensive set of norms. Finally, I present a potential obstacle to Gibbard’s approach: the regress problem. The idea is to examine the structure of the non-cognitive state expressed and find it inadequate due to the possibility of an infinite regress in the justification of the norms whose acceptance it contains. I then end the paper with some concluding remarks. (shrink)

:In this paper, I examine the concept of.

Philosophers of science are divided over the interpretations of scientific normativity. Larry Laudan defends a sort of goal-directed rules for scientific methodology. In contrast, Gerard Doppelt thinks methodological rules are a mixed batch of rules in that some are goal-oriented hypothetical rules and others are goal-independent categorical rules. David Resnik thinks that the debate between them is at a standstill now. He further thinks there are certain rules, such as the rule of consistency which is goal independent. However, he proposes (...) a holistic understanding of the scientific methodology. Taking a thread from Resnik, the present paper also advocates a holistic understanding of the scientific methodology. Given that many scientific practices deal with systems, the focus will be given to the systems by assuming each as a constellation of methodological norms. By taking each system as a set of mutually supportive methodological rules whose instrumental values underwrite the coherence relation among them, the paper aims to provide what could be a viable holistic epistemological account that can explain scientific normativity at work in a scientific system. The paper will lay down specific holistic criteria for understanding the scientific methodology. They will be used to show how a holistic account could satisfactorily account for the success of the Compact Muon Solenoid (CMS) experiment in discovering the Higgs boson and how the holistic account can account for the instrumental error behind the apparent faster-than-light neutrino anomaly of the Oscillation Project with Emulsion-t Racking Apparatus (OPERA) experiments respectively. (shrink)

" Nous savons désormais, comme l'expliquait Roland Barthes dans sa leçon inaugurale au Collège de France, que toute langue implique une relation d'aliénation et se définit par ce qu'elle oblige à dire. Comment, alors, écouter la voix particulière d'une langue, si elle se trouve asservie par un pouvoir qui tient à sa nature même, si, dès qu'elle est parlée, elle classe, interdit, refuse, exclut? C'est à cette problématique que la démarche de Reyes Mate apporte une réponse à la fois appliquée (...) au cas de l'espagnol et exemplaire. A travers une exploration de longue haleine, qui le conduit aussi bien à revoir les textes de Heidegger ou de Husserl qu'à analyser les productions littéraires de l'Amérique latine contemporaine, Reyes Mate ouvre, du même coup, un espace propre à l'expérience hispanophone, jusqu'à reconnaître dans l'ibéro-américanité une mémoire du Logos. " Michèle Gendreau-Massaloux. (shrink)

The Stoics identified thephantasiawith the impression (typos) in the soul, or the impressing process (typōsis). Alexander of Aphrodisias engages directly with this account atDe anima68.10–21, and argues against the applicability of the impression in a theory of perception inMantissa10, especially 133.25–134.23. I analyse Alexander’s polemic account atDe anima68.10–21, I demonstrate that it differs from Chrysippus’ criticism of Cleanthes (contrary to some commentators), and I show how it fits in the context of his argument. From this analysis it will emerge how (...) Alexander uses Stoic ideas to form his Aristotelian account. Then, I show that Alexander, by taking ‘typos’ metaphorically, not only prefers the term ‘enkataleimma’ over ‘typos’ in his theory ofphantasia, but he keeps the ‘typos’ terminology only to remain faithful to Aristotle’s use (contrary to some commentators). (shrink)

The paper investigates the notion of friendship in Aristotle’s moral philosophy. The key issue here is what role Aristotle attributes to the ‘other’ as friend in the self-appreciation of the moral individual. The discussion proceeds in three main steps: first I chart the anthropological connections of the Aristotelian notion of friendship; then I delineate in detail the discussions of self-knowledge and self-cognition in the framework of Aristotle’s ontology and philosophy of perception; finally, I set out what consequences Aristotle’s repeated assertion (...) that ‘the friend is another self’ has for the self-understanding of the person. Through these steps I argue for the conclusion that the friend, as the ‘other’, plays an indispensable role, on the one hand in the formation of virtues which are required for right action, on the other in allowing the person to reach self-consciousness and freedom, both of them prerequisites for happiness in the full sense of the term. (shrink)

In this paper, we study on the ways the Intergovernmental Panel on Climate Change communicates scientific knowledge on climate change to policymakers in the Summary for Policymakers of the Fifth Assessment Report ; the most recent Assessment Report issued by the IPCC. We investigate implicit argumentation with a special focus on the ways the summary may direct the orientation of the discourse towards the evasion of climate action while appearing to be pro-action on the surface. The results of a systematic (...) analysis of polyphonic constructions in the language of the text indicate that implicit argumentation represents climate action inevitably subordinate to economic goals. In a number of constructions, the discourse reconstructs pro-economic-growth-based frames in contrast to prioritising environmental values when encouraging political action in the context of climate change. Through such language use, the discourses mediated by an institution of such high societal importance and authority as the IPCC arguably have a considerable impact in maintaining conservative climate policies and delaying, even hindering, a transition into a carbon-neutral society. Thus, we conclude that even the most authoritative climate-science-policy institutions should reconsider their use of linguistic representations in terms of implicit argumentation in their communication in order to encourage climate action in a more straightforward manner. As long as the most authoritative actors in science-policy discourse on climate change continue to reinforce cognitive frames evading urgent action to mitigate climate change, it is questionable whether we can expect the policymakers to have the courage to take ambitious action even if the figures in the natural-scientific evidence sections of the reports were demonstrating clear worsening trends. (shrink)

(OPEN ACCESS) In this paper, I criticize two views on how political equality is related to equally distributed political power, and I offer a novel, pluralist account of political equality to address their shortcomings—in particular, concerning their implications for affirmative action in the political domain, political representation, and the situation of permanent minorities. The Equal Power View holds that political equality requires equally distributed political power. It considers affirmative action—e.g., racial or gender electoral quotas—, representation, and more-than-equal power to permanent (...) minorities pro tanto objectionable. The Equal Status View, in contrast, holds that political equality concerns equal relations and status, and it is only contingently related to equally distributed power. I argue that while the Equal Status View is right that equal power can be insufficient for—or even objectionable from the viewpoint of—political equality, it is wrong to conclude that equal power has no independent significance in an account of political equality. My pluralist account shows that political equality entails not only status-based requirements but also independent egalitarian requirements to distribute political power equally. This account provides a finer-grained understanding of affirmative action in the political domain. It justifies affirmative action but holds that it should only be used to realize equal political status until thorough-going social reform allows us to maintain both equal political status and equally distributed political power at the same time. Similarly, representation should be amended with power-balancing institutions, and permanent minorities should enjoy equal status with minimal compromise to power equality. (shrink)

In landscape ecology spatial descriptors (or indices) can be used to characterize habitats. Some of these descriptors can be used for habitat's ranking; this ranking is very important for conservation purposes. We would like to show that two traditional descriptors, namely the compactness and interior-to-edge ratio can give contradictory results. Being the second one is a more relevant descriptor, we would like to propose to avoid the further use the compactness in habitat's ranking.

Different summarized shape indices, like mean shape index (MSI) and area weighted mean shape index (AWMSI) can change over multiple size scales. This variation is important to describe scale heterogeneity of landscapes, but the exact mathematical form of the dependence is rarely known. In this paper, the use of fractal geometry (by the perimeter and area Hausdorff dimensions) made us able to describe the scale dependence of these indices. Moreover, we showed how fractal dimensions can be deducted from existing MSI (...) and AWMSI data. In this way, the equality of a multiscale tabulated MSI and AWMSI dataset and two scale-invariant fractal dimensions has been demonstrated. (shrink)

Thought experiments are widely used in the informal explanation of Relativity Theories; however, they are not present explicitly in formalized versions of Relativity Theory. In this paper, we present an axiom system of Special Relativity which is able to grasp thought experiments formally and explicitly. Moreover, using these thought experiments, we can provide an explicit definition of relativistic mass based only on kinematical concepts and we can geometrically prove the Mass Increase Formula in a natural way, without postulates of conservation (...) of mass and momentum. (shrink)

(OPEN ACCESS) This paper establishes moral duties for intermediaries of political advertising in election campaigns. First, I argue for a collective duty to maintain the democratic quality of elections which entails a duty to contain some forms of political polarization. Second, I show that the focus of campaign ethics on candidates, parties and voters—ignoring the mediators of campaigns—yields mistaken conclusions about how the burdens of the latter collective duty should be distributed. Third, I show why it is fair to require (...) intermediaries to contribute to fulfilling this duty: they have an ultimate filtering position in the campaign communication process and typically benefit from political advertising and polarization. Finally, I argue that a transparency-based ethics of campaign advertising cannot properly accommodate a concern with objectionable polarization. By contrast, I outline the polarization-containing implications of my account, including a prohibition on online targeted advertising, and intermediaries’ duties to block hateful political advertising. (shrink)

The paper attempts to reconstruct the intellectual frame- work of British liberal tradition focusing on two major problems of it, namely the problem of justice and that of political liberty. The liberal interpretation of justice is meant to tolerate all possible individual views of good life, consequently it cannot be established on one of them. This means that the interpretation of justice shouldn’t be derived from some philosophy, as any interpretation has its basis in the political tradition of modernity. Conse- (...) quently democracy always must have priority to philoso- phy (R. Rorty). On the matter of political liberty, Isaiah Berlin defends a “negative” concept of freedom, the freedom of choice without any pressure, while Ch. Taylor sustains the Positive one. The debate between defenders of negative and positive freedom seeks the answer for a question formulated for the first time by John Stuart Mill: why individuals - even if they are free - act usually rational? (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore some implications of (...) recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)