La recherche à l’origine de ce texte vise la description et la compréhension de l’engagement d’enseignantes et d’enseignants dans l’écriture d’un journal de bord quotidien. À partir d’entretiens biographiques et de leurs analyses, ce texte décrit cette activité et son évolution, identifie les facteurs d’engagement. Cette activité d’écriture impliquée et réflexive se dévoile plurielle et évolutive. L’engagement s’explique par un jeu d’influences réciproques entre facteurs personnels, facteurs exogènes et facteurs énactifs. Cet article présente des recommandations pour accompagner et reconnaître l’écriture (...) diaire dans le champ de la formation comme dans l’espace du travail. (shrink)

This new edition of Genevieve Lloyd's classic study of the maleness of reason in philosophy contains a new introduction and bibilographical essay assessing the ..

This paper proposes to model legal reasoning asdialectical theory-constructiondirected by teleology. Precedents are viewed asevidence to be explained throughtheories. So, given a background of factors andvalues, the parties in a case canbuild their theories by using a set of operators,which are called theory constructors.The objective of each party is to provide theoriesthat both explain the evidence (theprecedents) and support the decision wished by thatparty. This leads to theory-basedargumentation, i.e., a dialectical exchange ofcompeting theories, which support opposedoutcomes by explaining the same (...) evidence and appealingto the same values. The winneris the party that can reply with a more coherent theoryto all theories of its adversary. (shrink)

This new edition of Genevieve Lloyd's classic study of the maleness of reason in philosophy contains a new introduction and bibliographical essay assessing the book's place in the explosion of writing and gender since 1984.

I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...) regard to possible alternatives. The assessment of legislative choices according to proportionality is then considered, and is modelled using the provided analytical framework. Finally, the framework is expanded to include the ideas of reasonableness and institutional deference, and the corresponding margins of appreciation. (shrink)

“Modern slavery,” a term used to describe severe forms of labor exploitation, is beginning to spark growing interest within business and society research. As a novel phenomenon, it offers potential for innovative theoretical and empirical pathways to a range of business and management research questions. And yet, development into what we might call a “field” of modern slavery research in business and management remains significantly, and disappointingly, underdeveloped. To explore this, we elaborate on the developments to date, the potential drawbacks, (...) and the possible future deviations that might evolve within six subdisciplinary areas of business and management. We also examine the value that nonmanagement disciplines can bring to research on modern slavery and business, examining the connections, critiques, and catalysts evident in research from political science, law, and history. These, we suggest, offer significant potential for building toward a more substantial subfield of research. (shrink)

Being in Time is a provocative and accessible essay on the fragmentation of the self as explored in philosophy and literature. This original study is unique in its focus on the literary aspects of philosophical writing and their interactions with philosophical content. It explores the emotional aspects of the human experience of time commonly neglected in philosophical investigation by looking at how narrative creates and treats the experience of the self as fragmented and the past as "lost." Genevieve Lloyd (...) demonstrates the continuities and the contrasts between modern philosophic discussions of the instability of the knowing subject, treatments of the fragmentation of the self in the modern novel, and older philosophical discussions of the unity of consciousness. Combining theoretical discussion with human experience, Being in Time will be important reading to anyone interested in the relationship between philosophy and literature, as well as to more general audience of readers who share Augustine's experience of time as making him a "problem to himself.". (shrink)

Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall consider how legality is transmitted (...) from norm to norm and whether the ultimate legality policies (the rules of recognition) of a legal system need to be constituted by social facts. (shrink)

The burden of difference: pluralist justice and the public sphere -- Moral conversations and democratic hermeneutics -- Particularism versus universalism: a false debate? -- Secularism, culture, and critique -- Laïcité and the memory of public culture -- The ties that bind: public culture and the debt to the past -- Normative solidarity and public hermeneutics -- From intersubjectivity to encounter -- Exit of religion, debt of meaning.

O presenta artigo se constitui em um estudo interpretativo a respeito dos efeitos da inserção maciça de tecnologias conectadas à rede mundial de computadores, em nossa cultura. Celebradas a ponto de se alastrarem como objeto de desejo por toda a parte, essas tecnologias, sobretudo as mídias móveis, têm se tornado ubíquas e não há um único segmento da sociedade que não tenha sido tocado por essa inserção. A educação formal em nosso país, por meio de políticas públicas como o Programa (...) Nacional de Tecnologia Educacional – Proinfo, procurou introduzir nas escolas da rede recursos para agregar qualidade ao nosso ensino básico, sabidamente precário. Entretanto a iniciativa se depara com resistências de toda a sorte, tanto por parte de gestores quanto de professores. Esse artigo pondera sobre essas resistências procurando ultrapassas questões, tais como falta de capacitação dos gestores, incidência de problemas técnicos ou mera falta interesse nas tecnologias. Busca pistas dessa oposição silenciosa a partir das alterações promovidas pela “virtualidade” na relação simbólica do sujeito com o meio, incidindo na esfera de sua identidade. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Situé dans une approche interactionniste du développement du langage, l’article propose une démarche méthodologique pour étudier l’étayage dans sa dynamique dialogique, pour laquelle le recours à un corpus s’avère indispensable. L’article comprend plusieurs parties : sont présentées d’une part les différentes facettes de l’étayage d’un point de vue théorique, d’autre part la construction d’un outil opérationnel sous la forme d’une grille d’analyse des conduites étayantes des adultes et des réactions des enfants. Enfin, quelques résultats issus d’une recherche sur les interactions (...) mère-enfant, à titre illustratif de la démarche, montrent la façon dont les activités effectuées par les participants façonnent leurs conduites. La discussion se focalise sur les apports d’une analyse de corpus (données de type naturel tout autant que contrôle de certains facteurs, comparaison de données qualitatives et quantitatives, etc.). (shrink)

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

Accidents involving autonomous vehicles raise difficult ethical dilemmas and legal issues. It has been argued that self-driving cars should be programmed to kill, that is, they should be equipped with pre-programmed approaches to the choice of what lives to sacrifice when losses are inevitable. Here we shall explore a different approach, namely, giving the user/passenger the task of deciding what ethical approach should be taken by AVs in unavoidable accident scenarios. We thus assume that AVs are equipped with what we (...) call an “Ethical Knob”, a device enabling passengers to ethically customise their AVs, namely, to choose between different settings corresponding to different moral approaches or principles. Accordingly, AVs would be entrusted with implementing users’ ethical choices, while manufacturers/programmers would be tasked with enabling the user’s choice and ensuring implementation by the AV. (shrink)

Hoerl & McCormack claim that the temporal updating system only represents the world as present. This generates puzzles regarding the phenomenology of temporal experience. We argue that recent models of reinforcement learning suggest that temporal updating must have a minimal temporal structure; and we suggest that this helps to clarify what it means to experience the world as temporally structured.

ABSTRACT Inspired by legal reasoning, this paper presents a semantics and proof theory of a system for defeasible argumentation. Arguments are expressed in a logic-programming language with both weak and strong negation, conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled. The (...) semantics of the system is given with a fixpoint definition, while its proof theory is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument: an argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. (shrink)

The burden of difference: pluralist justice and the public sphere -- Moral conversations and democratic hermeneutics -- Particularism versus universalism: a false debate? -- Secularism, culture, and critique -- Laïcité and the memory of public culture -- The ties that bind: public culture and the debt to the past -- Normative solidarity and public hermeneutics -- From intersubjectivity to encounter -- Exit of religion, debt of meaning.

Introduction -- Euripides, philosopher of the stage -- The world of men and gods -- Agreeing with nature : fate and providence in stoic ethics -- Augustine : divine justice and the "ordering" of evil -- The philosopher and the princess : Descartes and the philosophical life -- Living with necessity : Spinoza and the philosophical life -- Designer worlds -- Providence as progress -- Providence lost.

The paper explores an apparent tension in Spinoza's thought between his treatment of man as part of nature, with no specially privileged position within it; and his treatment of morality as circumscribed by what is good for human beings. These two themes, it is argued, are in fact interconnected in Spinoza's thought. The paper goes on to consider some possible responses, from a contemporary standpoint, to Spinoza's rejection of animal rights. Finally, it is argued that the apparent tension in Spinoza's (...) thought becomes more understandable in the light of his treatment of the importance of truth to human beings; and that this throws into relief some puzzling features of some contemporary formulations of the theme of man as part of nature. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

As a constructive alternative to the exclusionary binaries of Cartesian philosophy, Genevieve Lloyd and Moira Gatens turn to Spinoza. Spinoza's understanding of the body as "in relation" takes the focus of philosophical thought from the homogeneous subject to the heterogeneity of the social, and the focus of politics from individual rights to collective responsibility. The implications for feminism are radical; Spinoza enables a reconceptualization of the imaginary and the possibility of a sociability of inclusion.

This paper proposes to analyze the significant methodological adjustments which were brought to a collaborative research project in response to specific contextual constraints. The research issues which emerged from this context and led the research team to a methodological reconceptualization are presented along with the emerging methodological model. Outcomes of the methodological changes including participant empowerment, are discussed and lead the authors to postulate that an ecocollaborative approach, based upon horizontal relationships and taking into account the complexity of systems, appears (...) as a means to critically reevaluate teachers and researchers’ work in order to reduce institutional constraints, push back against limits to professional action, and consequently build a common emancipatory culture. (shrink)

Si « mon corps est à moi », pourquoi ne serait-il pas raisonnable de changer de sexe? Telle est la question, finalement curieuse, que pose Pierre-Henri Castel dans son ouvrage monumental sur le transsexualisme1, où, bien au-delà de la question psychopathologique étroite touchant la nature du transsexualisme, c’est un pan entier des savoirs sur...

Being in Time examines philosophical treatments of time and self-consciousness in relation to concepts of narrative, focusing on the literary aspects of philosophical writing. Lloyd shows how philosophy bears on the human and emotional aspects of the experience of time which are often neglected by the history of philosophy. Starting with Augustine's treatment of the ways in which time makes him a 'problem to himself', the book traces the themes of unity and the experience of fragmentation and loss as expressed (...) by Descartes, Hume and Kant. The idea of the past as 'lost' is explored through Bergson's philosophy of time and Nietzsche's doctrine of eternal return. The book concludes with a discussion of philosophical aspects of themes of self-consciousness, memory and writing in Proust's Remembrance of Things Past and the novels of Virginia Woolf. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

Criminal liability for acts committed by AI systems has recently become a hot legal topic. This paper includes three different contributions. The first contribution is an analysis of the extent to which an AI system can satisfy the requirements for criminal liability: accomplishing an actus reus, having the corresponding mens rea, possessing the cognitive capacities needed for responsibility. The second contribution is a discussion of criminal activity accomplished by an AI entity, with reference to a recent case involving an online (...) bot, the Random Darknet Shopper. This discussion will provide the context for the analysis of commonalities and differences between criminal activities by humans and by artificial systems. The third contribution concerns the evaluation of different ways of addressing criminal activities by AI systems in a regulatory perspective. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

As a constructive alternative to the exclusionary binaries of Cartesian philosophy, Genevieve Lloyd and Moira Gatens turn to Spinoza. Spinoza's understanding of the body as “in relation” takes the focus of philosophical thought from the homogeneous subject to the heterogeneity of the social, and the focus of politics from individual rights to collective responsibility. The implications for feminism are radical; Spinoza enables a reconceptualization of the imaginary and the possibility of a sociability of inclusion.

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

No matter one’s wealth or social position, all are subject to the threats of natural hazards. Be it fire, flood, hurricane, earthquake, tornado, or drought, the reality of hazard risk is universal. In response, governments, non-profits, and the private sector all support research to study hazards. Each has a common end in mind: to increase the resilience of vulnerable communities. While this end goal is shared across hazards, the conception of how to get there can diverge considerably. The earthquake and (...) hurricane research endeavors in the US provide an illustrative contrast. The earthquake community sets out to increase resilience through a research process that simultaneously promotes both high quality and usable – preparedness-focused - science. In order to do so, the logic suggests that research must be collaborative, responsive, and transparent. Hurricane research, by contrast, largely promotes high quality science – predictions - alone, and presumes that usability should flow from there. This process is not collaborative, responsive, or transparent. Experience suggests, however, that the latter model – hurricane research - does not prepare communities or decision makers to use the high quality science it has produced when a storm does hit. The predictions are good, but they are not used effectively. Earthquake research, on the other hand, is developed through a collaborative process that equips decision makers to know and use hazards research knowledge as soon as an earthquake hits. The contrast between the two fields suggests that earthquake research is more likely to meet the end goal of resilience than is hurricane research, and thus that communities might be more resilient to hurricanes were the model by which research is funded and conducted to change. The earthquake research experience can provide lessons for this shift. This paper employs the Public Value Mapping (PVM) framework to explore these two divergent public value logics, their end results, and opportunities for improvement. (shrink)

Iris murdoch claims that the ethical significance of truth links the goodness of good literature with moral goodness. Her philosophical formulations of this claim evoke the pervasive model of truth as correspondence between mental representations and a mind-Independent reality. This paper criticises these formulations and attempts to revise them in the light of murdoch's literary explorations of the moral force of truth, Especially in "the sacred and profane love machine".

The aim of the present paper is to analyse the archeology of the concept of contradiction, more precisely in Plato, and to reveal the influence that the latter had on Aristotle’s reflection on contradiction and contrariety. This paper will show that it is possible to find examples of a notion of contradiction in Plato’s refutative dialogues, in which Socrates is described as refuting his interlocutors by demonstrating the contrary of their initial thesis. However, Plato never used the word antiphasis to (...) name the act of contradicting oneself, but preferred the expression enantia legein heautôi, which means “to say the contrary to oneself”. (shrink)

This new edition of Genevieve Lloyd's classic study of the maleness of reason in philosophy contains a new introduction and bibliographical essay assessing the book's place in the explosion of writing and gender since 1984.

The sociology of science has shown that the scientific quest for truth, framed by the search for objectivity was granting objects of knowledge the form of independent and autonomous things, “data” already given and preexisting their observation. But do “real” objects only fit the form of data or things? If not, to which other form and objectivity do they fit? The author considers the question by examining the dispute between scientists and vintners on the issue of terroir, a complex combination (...) of viticulture and wine-making practices and agro-climactic factors, which gives wines a particular taste, or terroir typicity. For scientists who are unable to reduce it to a stable list of determining factors, terroir is an unfounded notion, an imaginary social construction, and an economic barrier. Producers, on the other hand, along with the wider distribution network of terroir wines, consider terroir as a real object, although one whose manifestations cannot be evaluated using the same procedures as those of scientists. By analyzing how proof of terroir is implemented, the author uncovers a regime of existence of objects different from the scientific regime: a pluralist one governed by critical discussion from which objects emerge as distributed results of a production process. (shrink)

This pragmatic study addresses the question of the plural realities that emerge from perception, based on an empirical analysis of the tasting activity of wine amateurs and olfactory experts. Though they share the same requirement of rooting taste in the product under scrutiny, they also significantly differ regarding the constraints with which their tasting results have to comply: repeatability for experts’ tasting results, and activity contiunuation for amateurs. Both therefore foster the emergence of two contrasting realities: a stabilized one for (...) experts; an ‘un-stabilized’ one for amateurs. Both happen to fit with the ‘fiction’ and the ‘reference’ modes of existence of Latour’s inventory, which extends and relaunches the analysis of the coexistence of activities initiated by the works on ‘boundary objects’ some decades ago. Finally, the notion of taste is reinterpreted as a translation operator between tasting realities. (shrink)

A serious retardant to development of a specifically public relations (PR) ethical philosophy is the tendency to retain a commitment uniquely journalistic? objectivity. Ivy Lee and Edward Bernays offered two ethical options or imperatives, based on objectivity or on advocacy. Public relations must accept a commitment to the ethics of persuasion in order to reduce a crippling inferiority complex and advance understanding of the profession by its practitioners as well as the public.