Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The (...) author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective. (shrink)

In this paper the author discusses the legitimation of judicial review of legislation. He argues that such a legitimation is not just a moral matter but is to be considered more generally in terms of societal acceptability, since it is based on a wide range of reasons including moral, social and pragmatic concerns. Moreover, the paper stresses that the legitimation of judicial decisions should be properly viewed in a circular perspective, so that the relationship between legislators and judges cannot be (...) reduced to an absolute supremacy of those who are democratically elected over those who apply the law. On the contrary, the law is constantly made, adapted and developed in legal practice and legal decisions are basically legitimated through several processes of deliberative communication. (shrink)

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this (...) complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions. (shrink)

Die historische Entwicklung der Rechtstheorie. Die Rechtstheorie als interdisziplinäre Wissenschaft. Die interdisziplinarität als Forschungsmethode.

Bruce Blackshaw and Perry Hendricks have recently developed and defended the impairment argument against abortion, arguing that the immorality of giving a child fetal alcohol syndrome (FAS) provides us with reason to believe that abortion is immoral. In this paper we forward two criticisms of the impairment argument. First, we highlight that, as it currently stands, the argument is very weak and accomplishes very little. Second, we argue that Blackshaw and Hendricks are fundamentally mistaken about what makes giving a child (...) FAS immoral. Once we acknowledge this, it is clear that our intuitions about giving a child FAS provide no support for the supposed immorality of abortion. (shrink)

The Coronavirus pandemic has significantly affected psychological wellbeing in older adults, with cases of depression, anxiety and loneliness rising in the general population. Cognitive health has also potentially been affected, as social isolation can lead to cognitive decline. Worrying about cognitive health can be damaging to psychological wellbeing and is especially relevant to explore in the context of the Coronavirus pandemic. The objective of the present study was to explore the associations between cognitive health worries and wellbeing, and to investigate (...) whether physical activity and social contact can mitigate negative effects of the pandemic on psychological wellbeing. Older adults completed an online survey which included measures of cognitive health worries, depression, anxiety, loneliness, social isolation, fatigue, impact of the Coronavirus pandemic, quality of life, subjective vitality, and physical activity. Analyses indicated that cognitive health worries, lower levels of physical activity and smaller amounts of social interaction were associated with poorer psychological and physical wellbeing. Results showed that worrying about cognitive health is associated with poorer wellbeing, and so interventions are needed to encourage positive cognitive functioning in times of social isolation. Promoting physical activity and social interaction is also beneficial, as results show that exercise and social contact are linked with improved wellbeing. (shrink)

ABSTRACT We investigate a logic PFD, as introduced in [FA]. In our notation, this logic is enriched with operators P> r(r € [0,1]) where the intended meaning of P> r φ is “the probability of φ (at a given world) is strictly greater than r”. We also adopt the semantics of [FA]: a class of “F-restricted probabilistic kripkean models”. We give a completeness proof that essentially differs from that in [FA]: our “peremptory lemma” (a lemma in PFD rather than about (...) it) facilitates the construction of a canonical model for PFD considerably. We show that this construction can be carried out using only finitary means, and also give a filtration-technique for the intended models. We then define an alternative (in some sense more natural) semantics for the logic, and show some of its properties. Finally, we prove decidability of the logic. (shrink)

According to Susan Wolf's hybrid view about meaning in life, a life is meaningful in virtue of subjective attraction to objectively valuable pursuits. Recently, several philosophers have presented counterexamples to the subjective element in Wolf's view. We argue that these examples are not clearly successful and present a modified version which is even stronger in the face of them. Finally, we offer some positive reasons for accepting a subjective condition on a meaningful life.

Neil Tennant’s core logic is a type of bilateralist natural deduction system based on proofs and refutations. We present a proof system for propositional core logic, explain its connections to bilateralism, and explore the possibility of using it as a type theory, in the same kind of way intuitionistic logic is often used as a type theory. Our proof system is not Tennant’s own, but it is very closely related, and determines the same consequence relation. The difference, however, matters for (...) our purposes, and we discuss this. We then turn to the question of strong normalization, showing that although Tennant’s proof system for core logic is not strongly normalizing, our modified system is. (shrink)

Conflict framing is key in political communication. Politicians use conflict framing in their online messages (e.g., criticizing other politicians) and journalists in their political coverage (e.g., reporting on political tensions). Conflicts can take a variety of forms and can provoke different reactions. However, the literature still lacks a systematic and theoretically-grounded conceptual framework that accounts for the multi-dimensionality of political conflict frames. Based on literature from political epistemology, political communication, and related fields such as psychology, we present four conceptual dimensions (...) of political conflicts: (1) the style (civil/uncivil); (2) the subject (personal/substantive); (3) whether it is about underlying moral/epistemic principles or not (deep/superficial conflict); and (4) whether it concerns a normative or factual issue. Results of a content analysis of newspaper articles and politicians’ tweets confirm the usage of these conflict dimensions in the Netherlands during a non-election period. Interestingly, most of the conflicts are civil, substantive, and do not highlight deep fundamental clashes. In light of the current societal concerns about the lack of respect in political debates and the deepening of our political divides, these findings can be considered encouraging. (shrink)

Objectives“Attachment difficulties” is an umbrella term often used to describe various forms of non-secure attachment. Differentiating “attachment difficulties” from autism spectrum disorder and attention deficit hyperactivity disorder has been characterized as challenging. Few studies have explored how this happens in practice, from the perspective of professionals.DesignQualitative study.MethodsWe conducted in-depth semi-structured interviews with healthcare professionals from five NHS Foundation Trusts in the United Kingdom. Participants were recruited using a combination of snowballing, convenience and purposive sampling. Data were analyzed using a thematic (...) approach.ResultsWe identified six interrelated themes that might reflect difficulties with differential conceptualization. These include: a clinical lexicon of attachment; approaching attachment with caution; contextual factors; perceived characteristic behaviors; assessing attachment and adjacent supports; spotlighting intervention and dual conceptualization.ConclusionOur results indicate some of the ways suspicions around attachment are raised in practice. We advocate for more dialogue between research and practice communities on issues of differential conceptualization. We call for collaboration between a panel of experts consisting of attachment and neurodevelopmental orientated practitioners and researchers, to clarify issues around differentiating between attachment difficulties, ASD, and ADHD. (shrink)

Although narcissists often emerge as leaders, the relationship between leader narcissism and follower performance is ambiguous and often even found to be negative. For women, narcissism seems especially likely to lead to negative evaluations. Since narcissists have the tendency to be impulsive and change their minds on a whim, they may come across as inconsistent. We propose “inconsistent leader behavior” as a new mechanism in the relationship between leader narcissism and follower performance and argue that leader gender plays an important (...) role in whether narcissistic leaders are perceived as inconsistent. Specifically, we expect leader narcissism to have a negative relationship with follower performance through perceived inconsistent leader behavior, especially for female leaders. Thus, we examine leader gender as a personal factor moderating the relationship between narcissism and perceived inconsistent behavior. Also, as perceived inconsistency is likely less problematic when a good relationship exists, we examine leader–member exchange as a contextual condition moderating the relationship between leader behavior and follower performance. We test our moderated mediation model in a multi-source study with 165 unique leader–follower dyads. As expected, leader narcissism was positively related to perceived inconsistent leader behavior, and this relationship was stronger for female leaders. Inconsistent leader behavior was negatively related to follower performance, but only when LMX was low. Our research highlights that perceived behavioral inconsistency can be problematic and—for female leaders—provides an explanation of the negative relation of leader narcissism with follower performance and of the inconsistencies in evaluations of narcissistic leaders’ effectiveness. (shrink)

Other formats of this book available via https://openeducationalberta.ca/educationaltechnologyethics/.

ABSTRACTIn this paper, I explore Margaret Cavendish’s engagement with mid-seventeenth-century debates on spirits and spiritual activity in the world, especially the problems of incorporeal substance and magnetism. I argue that between 1664 and 1668, Cavendish developed an increasingly robust form of materialism in response to the deficiencies which she identified in alternative philosophical systems – principally mechanical philosophy and vitalism. This was an intriguing direction of travel, given the intensification in attacks on the supposedly atheistic materialism of Hobbes. While some (...) scholars claim that Cavendish’s views were not formed out of extensive engagement with contemporary thinkers, I suggest that, on the contrary, Cavendish engaged very closely with the views of More, Hobbes and others – including the vitalist thinker Johannes Baptista van Helmont and the mechanical philosopher Henry Power – on the subject of spirits and... (shrink)

In this article I give an overview of some recent work in philosophy of science dedicated to analysing the scientific process in terms of (conceptual) mathematical models of theories and the various semantic relations between such models, scientific theories, and aspects of reality. In current philosophy of science, the most interesting questions centre around the ways in which writers distinguish between theories and the mathematical structures that interpret them and in which they are true, i.e. between scientific theories as linguistic (...) systems and their non-linguistic models. In philosophy of science literature there are two main approaches to the structure of scientific theories, the statement or syntactic approach -- advocated by Carnap, Hempel and Nagel -- and the non- statement or semantic approach --advocated, among others, by Suppes, the structuralists, Beth, Van Fraassen, Giere, Wojcicki. In conclusion, I briefly review some of the usual realist inspired questions about the possibility and character of relations between scientific theories and reality as implied by the various approaches I discuss in the course of the article. The models of a scientific theory should indeed be adequate to the phenomena, but if the theory is 'adequate' to (true in) its conceptual (mathematical) models as well, we have a model-theoretic realism that addresses the possible meaning and reference of 'theoretical entities' without relapsing into the metaphysics typical of the usual scientific realist approaches. (shrink)

Computer ethicists have for some years been troubled by the issue of how to assign moral responsibility for disastrous events involving erroneous information generated by expert information systems. Recently, Jeroen van den Hoven has argued that agents working with expert information systems satisfy the conditions for what he calls epistemic enslavement. Epistemically enslaved agents do not, he argues, have moral responsibility for accidents for which they bear causal responsibility. In this article, I develop two objections to van den Hoven’s argument (...) for epistemic enslavement of agents working with expert information systems. (shrink)

Experiential evidence shows that pain is associated with common meanings. These include a meaning of threat or danger, which is experienced as immediately distressing or unpleasant; cognitive meanings, which are focused on the long-term consequences of having chronic pain; and existential meanings such as hopelessness, which are more about the person with chronic pain than the pain itself. This interdisciplinary book - the second in the three-volume Meanings of Pain series edited by Dr Simon van Rysewyk - aims to better (...) understand pain by describing experiences of pain and the meanings these experiences hold for the people living through them. The lived experiences of pain described here involve various types of chronic pain, including spinal pain, labour pain, rheumatic pain, diabetic peripheral neuropathic pain, fibromyalgia, complex regional pain syndrome, endometriosis-associated pain, and cancer-related pain. Two chapters provide narrative descriptions of pain, recounted and interpreted by people with pain. Language is important to understanding the meaning of pain since it is the primary tool human beings use to manipulate meaning. As discussed in the book, linguistic meaning may hold clues to understanding some pain-related experiences, including the stigmatisation of people with pain, the dynamics of patient-clinician communication, and other issues, such as relationships between pain, public policy and the law, and attempts to develop a taxonomy of pain that is meaningful for patients. Clinical implications are described in each chapter. This book is intended for people with pain, their family members or caregivers, clinicians, researchers, advocates, and policy makers. (shrink)

Minimal Semantics asks what a theory of literal linguistic meaning is for - if you were to be given a working theory of meaning for a language right now, what would you be able to do with it? Emma Borg sets out to defend a formal approach to semantic theorising from a relatively new type of opponent - advocates of what she call 'dual pragmatics'. According to dual pragmatists, rich pragmatic processes play two distinct roles in linguistic comprehension: as (...) well as operating in a post-semantic capacity to determine the implicatures of an utterance, they also operate prior to the determination of truth-conditional content for a sentence. That is to say, they have an integral role to play within what is usually thought of as the semantic realm. Borg believes dual pragmatic accounts constitute the strongest contemporary challenge to standard formal approaches to semantics since they challenge the formal theorist to show not merely that there is some role for formal processes on route to determination of semantic content, but that such processes are sufficient for determining content. Minimal Semantics provides a detailed examination of this school of thought, introducing readers who are unfamiliar with the topic to key ideas like relevance theory and contextualism, and looking in detail at where these accounts diverge from the formal approach. Borg's defence of formal semantics has two main parts: first, she argues that the formal approach is most naturally compatible with an important and well-grounded psychological theory, namely the Fodorian modular picture of the mind. Then she argues that the main arguments adduced by dual pragmatists against formal semantics - concerning apparent contextual intrusions into semantic content - can in fact be countered by a formal theory. The defence holds, however, only if we are sensitive to the proper conditions of success for a semantic theory. Specifically, we should reject a range of onerous constraints on semantic theorizing (e.g., that it answer epistemic or metaphysical questions, or that it explain our communicative skills) and instead adopt a quite minimal picture of semantics. (shrink)

This article is about nursing theories, the development of nursing knowledge and the underlying, hidden epistemology. The current technical–economical rationality in society and health care calls for a specific kind of knowledge based on a traditional Western, Socratic view of science. This has an immense influence on the development of nursing knowledge. The purpose of the article was therefore to discuss the hidden epistemology of nursing knowledge and theories seen in a broad historical context and point to an alternative epistemology (...) for a future context. It is a question about which nursing theories and what nursing knowledge should be developed in order to benefit patients and relatives of the future. We suggest that future knowledge development in nursing be developed in an interchange between theory and practice and guided by philosophy like a kind of pendulum where all three elements are treated as equals. We suggest a framework for the development of nursing knowledge based on a caring‐ethical practice, a theory on life phenomena in suffering and relationship‐based nursing, and thereby, we may be able to help patients to be cured, to recover, to be alleviated or comforted when suffering. (shrink)

Understanding in Epistemology Epistemology is often defined as the theory of knowledge, and talk of propositional knowledge has dominated the bulk of modern literature in epistemology. However, epistemologists have recently started to turn more attention to the epistemic state or states of understanding, asking questions about its nature, relationship … Continue reading Understanding in Epistemology →.

Philosophers often assume that folk hold pain to be a mental state – to be in pain is to have a certain kind of feeling – and they think this state exhibits the classic Cartesian characteristics of privacy, subjectivity, and incorrigibility. However folk also assign pains (non-brain-based) bodily locations: unlike most other mental states, pains are held to exist in arms, feet, etc. This has led some (e.g. Hill 2005) to talk of the ‘paradox of pain’, whereby the folk notion (...) of pain is inherently conflicted. Recently, several authors have rejected the paradox view, arguing instead that folk hold a univocal, bodily view (i.e. pains are properties of various body parts, not of minds). This paper presents six objections to the bodily view of the folk concept of pain. We then outline a direction for future research – the ‘polyeidic approach’ – whereby the folk notion of pain is held to encompass various divergent (potentially conflicting) strands and we suggest that certain problems surrounding the treatment and communication of pain might be usefully be viewed through the lens of the polyeidic approach. (shrink)

In a recent article in this journal, Daan Evers and Gerlinde Emma van Smeden () defend Wolf's hybridism against objectivist counterexamples advanced by Metz, Smuts, and Bramble. They also offer their own new hybridism, which they take to be even less vulnerable to such counterexamples. In this paper, I argue that Evers and van Smeden's defense of their and Wolf's hybridizing from objectivist counterexamples is problematic and that they do not, in fact, succeed in meeting the challenge the objectivist (...) counterexamples pose. Evers and van Smeden do not read the counterexamples charitably and, hence, are not coping with the strongest challenges the counterexamples have to offer. I conclude that Metz's, Smuts's and Bramble's objectivist counterexamples continue to pose serious challenges to hybridism, both in Wolf's and in Evers and van Smeden's versions. (shrink)

In this article, we aim to map out the complexities which characterise debates about the ethics of vaccine distribution, particularly those surrounding the distribution of the COVID-19 vaccine. In doing so, we distinguish three general principles which might be used to distribute goods and two ambiguities in how one might wish to spell them out. We then argue that we can understand actual debates around the COVID-19 vaccine – including those over prioritising vaccinating the most vulnerable – as reflecting disagreements (...) over these principles. Finally, we shift our attention away from traditional discussions of distributive justice, highlighting the importance of concerns about risk imposition, special duties, and social roles in explaining debates over the COVID-19 vaccine. We conclude that the normative complexity this article highlights deepens the need for decision-making bodies to be sensitive to public input. (shrink)

Emma Borg examines the relation between semantics and pragmatics, and assesses recent answers to fundamental questions of how and where to draw the divide between the two. She argues for a minimal account of the interrelation between them--a 'minimal semantics'--which holds that only rule-governed appeals to context can influence semantic content.

Both patients and clinicians frequently report problems around communicating and assessing pain. Patients express dissatisfaction with their doctors and doctors often find exchanges with chronic pain patients difficult and frustrating. This chapter thus asks how we could improve pain communication and thereby enhance outcomes for chronic pain patients. We argue that improving matters will require a better appreciation of the complex meaning of pain terms and of the variability and flexibility in how individuals think about pain. We start by examining (...) the various accounts of the meaning of pain terms that have been suggested within philosophy and suggest that, while each of the accounts captures something important about our use of pain terms, none is completely satisfactory. We propose that pain terms should be viewed as communicating complex meanings, which may change across different communicative contexts, and this in turn suggests that we should view our ordinary thought about pain as similarly complex. We then sketch what a view taking seriously this variability in meaning and thought might look like, which we call the “polyeidic” view. According to this view, individuals tacitly occupy divergent stances across a range of different dimensions of pain, with one agent, for instance, thinking of pain in a much more “bodycentric” kind of way, while another thinks of pain in a much more "mindcentric” way. The polyeidic view attempts to expand the multidimensionality recognised in, e.g., biopsychosocial models in two directions: first, it holds that the standard triumvirate— dividing sensory/cognitive/affective factors— needs to be enriched in order to capture important distinctions within the social and psychological dimensions. Second, the polyeidic view attempts to explain (at least in part) why modulation of experience by these social and psychological factors is possible in the first place. It does so by arguing that because the folk concept of pain is complex, different weightings of the different parts of the concept can modulate pain experience in a variety of ways. Finally, we argue that adopting a polyeidic approach to the meaning of pain would have a range of measurable clinical outcomes. (shrink)

What is empiricism and what could it be? Bas . van Fraassen, one of the world’s foremost contributors to philosophical logic and the philosophy of science, here undertakes a fresh consideration of these questions and offers a program for renewal of the empiricist tradition. The empiricist tradition is not and could not be defined by common doctrines, but embodies a certain stance in philosophy, van Fraassen says. This stance is displayed first of all in a searing, recurrent critique of metaphysics, (...) and secondly in a focus on experience that requires a voluntarist view of belief and opinion. Van Fraassen focuses on the philosophical problems of scientific and conceptual revolutions and on the not unrelated ruptures between religious and secular ways of seeing or conceiving of ourselves. He explores what it is to be or not be secular and points the way toward a new relationship between secularism and science within philosophy. (shrink)

This study supports the idea that fields form around issues, and describes the roles of various stakeholders in the structuring, shaping, and legitimating of the emerging field of Corporate Social Responsibility (CSR). A model of the institutional history of the CSR field is outlined, of which a key stage is the appearance of CSR rating agencies as the significant players and Institutional Entrepreneurs of the field. We show to which extent the creation and further development of CSR rating agencies, and (...) the activism of other significant stakeholders of the field (typically portrayed as “standard setters” and “regulatory agents”), contribute to the institutionalization of CSR. With this in mind, among various stakeholders that legitimate the field of CSR, we present the efforts of global and local stakeholders such as the European Union, the United Nations, the International Organization for Standardization, and governments and their interactions. We suggest that the different paths of CSR development and institutionalization in France and in the United States depend on the nature of local and global stakeholders’ involvement in this process and their interactions. (shrink)

Some demonstrative expressions, those we might term ‘bare demonstratives’, appear without any appended descriptive content (e.g. occurrences of ‘this’ or ‘that’ simpliciter). However, it seems that the majority of demonstrative occurrences do not follow this model. ‘Complex demonstratives’ is the collective term I shall use for phrases formed by adjoining one or more common nouns to a demonstrative expression (e.g. ‘that cat’, ‘this happy man’) and I will call the combination of predicates immediately concatenated with the demonstrative in such phrases (...) the ‘matrix’ of the expression. The question, then, is how we should construe the logical form of such expressions within a semantic theory for our language; and I wish to suggest that some recent answers to this question are, in fact, mistaken. The structure of the paper is as follows: first, I wish to highlight two (often underlying) assumptions about the nature of noun phrases in general, and suggest that, if they are both adopted, they apparently constrain the possible accounts of the logical form of complex demonstratives to just three options. The second and third parts of the paper will be concerned with expanding these options and arguing that none of them are adequate; thus the major part of the paper is concerned with the negative claim that the most obvious moves to make in this area must actually fail on closer inspection. The fourth and final section will then (very briefly) sketch the positive thesis of the paper: that we can deliver a clear and cohesive account of complex demonstratives, armed simply with elements which we will draw from David Kaplan’s theory of demonstratives, but only at the cost of rejecting (or at least refining) one assumption we recognised initially. (shrink)