"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is (...) applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed “images of law.” Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law. (shrink)

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...) them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

We present a new functional interpretation, based on a novel assignment of formulas. In contrast with Gödel’s functional “Dialectica” interpretation, the new interpretation does not care for precise witnesses of existential statements, but only for bounds for them. New principles are supported by our interpretation, including the FAN theorem, weak König’s lemma and the lesser limited principle of omniscience. Conspicuous among these principles are also refutations of some laws of classical logic. Notwithstanding, we end up discussing some applications of the (...) new interpretation to theories of classical arithmetic and analysis. (shrink)

It is well known that Frege's system in the Grundgesetze der Arithmetik is formally inconsistent. Frege's instantiation rule for the second-order universal quantifier makes his system, except for minor differences, full (i.e., with unrestricted comprehension) second-order logic, augmented by an abstraction operator that abides to Frege's basic law V. A few years ago, Richard Heck proved the consistency of the fragment of Frege's theory obtained by restricting the comprehension schema to predicative formulae. He further conjectured that the more encompassing Δ₁¹-comprehension (...) schema would already be inconsistent. In the present paper, we show that this is not the case. (shrink)

It is well known that Frege's system in the Grundgesetze der Arithmetik is formally inconsistent. Frege's instantiation rule for the second-order universal quantifier makes his system, except for minor differences, full (i.e., with unrestricted comprehension) second-order logic, augmented by an abstraction operator that abides to Frege's basic law V. A few years ago, Richard Heck proved the consistency of the fragment of Frege's theory obtained by restricting the comprehension schema to predicative formulae. He further conjectured that the more encompassing Δ11-comprehension (...) schema would already be inconsistent. In the present paper, we show that this is not the case. (shrink)

In Frege’s logicism, numbers are logical objects in the sense that they are extensions of certain concepts. Frege’s logical system is inconsistent, but Richard Heck showed that its restriction to predicative quantification is consistent. This predicative fragment is, nevertheless, too weak to develop arithmetic. In this paper, I will consider an extension of Heck’s system with impredicative quantifiers. In this extended system, both predicative and impredicative quantifiers co-exist but it is only permissible to take extensions of concepts formulated in the (...) predicative fragment of the language. This system is consistent. Moreover, it proves the principle of reducibility applied to concepts true of only finitely many objects. With the aid of this form of reducibility, it is possible to develop arithmetic in a thoroughly Fregean way. (shrink)

This paper presents a possibilistic conception of technological artifacts facing technological determinism. Technological artifacts are considered points in a space of pragmatic possibilities determined by the abilities of different sociocultural aspects. The determination process of one possibility is the design of an artifact that comes true as long as the abilities are effective. A design is a process of creation at several levels of reality: material, functional, usefulness. At the same time, the idea of design may also include the social (...) participation of the community, which hereby collectively expresses its desires. This proposed alternative responds to determinism as well as to social constructivism. (shrink)

The paper deals with he tension between morality and efficacy both from the point of view of economics (and politics) on the one hand and ethics (and politics) on the other.

The paper focuses on the contrast between the ontologies of the subject, such as the Aristotelian one, with the ontologies of the process, such as that of Quine. It attempts to justify the Aristotelian approach paying special attention to Quine's criticism.

Practical truth is not so much the truth of propositions as that inherent in getting things rightly done. The purpose of the contribution its threefold: firstly, to trace back practical truth to its Platonic origins; secondly, to show how Aristotle -refering, unlike to Plato, expressis verbis to the concept of practical truth- was faithful to those Platonic origins while at the same time departing from Plato on account of his less intellectualist approach of right and wrong doing; and thirdly to (...) show how Johannes Duns Scotus', in developing his conception of human theology as a practical science, explicitly drew on Aristotle's concept of practical truth but departed from him in those respects in which he rather sided with Plato. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 3 Seiten: 485-495.

Résumé Face aux effets aliénants de la globalisation actuelle il convient de prendre la mesure de l’expérience historique brutale que constituèrent la conquête et la colonisation de l’Amérique par l’Espagne. De ce choc sont nés des mélanges innovants, des métamorphoses inattendues et la réalité polymorphe que l’on observe dans les cultures latino-américaines d’aujourd’hui. L’utopie dans le contexte de la mondialisation que nous vivons actuellement passe par l’interculturalité, par les multiples possibilités d’échanges et de métissages. Le discours utopique classique doit désormais (...) réconcilier les valeurs universelles de la raison avec les passions, les différences, la fragmentation et la diversité des cultures. (shrink)

The development of bacterial resistance to antibiotics is one of the best documented examples of contemporary biological evolution. Variability in the mechanisms of resistance depends on the diversity of genotypes in the huge bacterial populations, and also on the diversity of selective pressures that are produced along the antibiotic concentration gradients formed in the highly compartmentalized human body during therapy. These antibiotic gradients can be conceived as comprising selective compartments, each one of them defined as the concentration able to select (...) a particular genetic variant. In vitro experimental models confirm that some antibiotic resistant variants are selected only at certain selective concentrations of antibiotics. The correspondence between selective compartments and selectable variants could offer a way of describing more accurately the antibiotic selective landscapes and for taking measures to prevent the development of a major threat to the future of modern medicine. (shrink)