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)

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)

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

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)

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

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)

Blackshaw and 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)

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)

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)

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)

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)

Algorithms used in the public sector, e.g., for allocating social benefits or predicting fraud, often require involvement from multiple stakeholders at various phases of the algorithm’s life-cycle. This paper focuses on the communication issues between diverse stakeholders that can lead to misinterpretation and misuse of algorithmic systems. Ethnographic research was conducted via 11 semi-structured interviews with practitioners working on algorithmic systems in the Dutch public sector, at local and national levels. With qualitative coding analysis, we identify key elements of the (...) communication processes that underlie fairness-related human decisions. More specifically, we analyze the division of roles and tasks, the required skills, and the challenges perceived by diverse stakeholders. Three general patterns emerge from the coding analysis: (1) Policymakers, civil servants, and domain experts are less involved compared to developers throughout a system’s life-cycle. This leads to developers taking on the role of decision-maker and policy advisor, while they potentially miss the required skills. (2) End-users and policy-makers often lack the technical skills to interpret a system’s output, and rely on actors having a developer role for making decisions concerning fairness issues. (3) Citizens are structurally absent throughout a system’s life-cycle. This may lead to unbalanced fairness assessments that do not include key input from relevant stakeholders. We formalize the underlying communication issues within such networks of stakeholders and introduce the phase-actor-role-task-skill (PARTS) model. PARTS can both (i) represent the communication patterns identified in the interviews, and (ii) explicitly outline missing elements in communication patterns such as actors who miss skills or collaborators for their tasks, or tasks that miss qualified actors. The PARTS model can be extended to other use cases and used to analyze and design the human organizations responsible for assessing fairness in algorithmic systems. It can be further extended to explore communication issues in other use cases, design potential solutions, and organize accountability with a common vocabulary. (shrink)

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

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)

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)

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)

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)

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

Kyle van Oosterum and Emma Curran have recently argued that the impairment argument against abortion is weak and accomplishes little. They also claim that impairment fails to explain what makes giving a child fetal alcohol syndrome (FAS) immoral, which is an important premise of the argument. Here, I explain that the impairment argument is not as weak as they believe. Further, I argue that impairment offers a superior explanation for what makes giving a child FAS immoral than their proposal (...) based on creative beneficence. (shrink)

Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis, a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing (...) these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges. (shrink)

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...) and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

If Savulescu's (2001, 2009) controversial principle of Procreative Beneficence (PB) is correct, then an important implication is that couples should employ genetic tests for non‐disease traits in selecting which child to bring into existence. Both defenders as well as some critics of this normative entailment of PB have typically accepted the comparatively less controversial claim about non‐disease traits: that there are non‐disease traits such that testing and selecting for them would in fact contribute to bringing about the child who is (...) expected to have the best life. We challenge this less controversial claim, not by arguing deductively for its falsity, but by showing that Savulescu's central argument for this presumably less controversial claim fails. Savulescu offers intelligence as the paradigm example of a testable non‐disease trait such that testing and selecting for it would increase the likelihood that the child selected would be the one who is expected to have the best life (or at least as good a life as the others). We provide a series of arguments aimed at demonstrating that Savulescu's argument from intelligence fails. If our arguments are successful, the upshot is not that PB is false, but more modestly, that the burden of proof remains squarely with Savulescu. (shrink)