In the present paper we study how subsystems of a normative system can be combined, and the role of such combinations for the understanding of hypothetical legal consequences. A combination of two subsystems is often accomplished by a normative correlation or an intermediate concept. To obtain a detailed analysis of such phenomena we use an algebraic framework. Normative systems are represented as algebraic structures over sets of conditions. This representation makes it possible to study normative systems using an extension of (...) the theory of Boolean algebras, called the theory of Boolean quasi‐orderings. (shrink)

The paper discusses normative systems and their revision within an algebraic framework. If a system is logically well-formed, certain norms, called connecting norms, determine the system as a whole. It is maintained that, if the system is well-formed, a relation at least as low as determines a lattice or quasi-lattice of its connecting norms. The ideas are presented mainly in the form of comments on a legal example concerning acquisition of movable property by extinction of another person's previous rights.

A collection of essays in various fields of philosophy written in celebration of Paul Needham's fiftieth birthday.

A collection of essays in various fields of philosophy written in celebration of Lars Lindahl's fiftieth birthday.

Within the context of the Quine–Putnam indispensability argument, one discussion about the status of mathematics is concerned with the ‘Enhanced Indispensability Argument’, which makes explicit in what way mathematics is supposed to be indispensable in science, namely explanatory. If there are genuine mathematical explanations of empirical phenomena, an argument for mathematical platonism could be extracted by using inference to the best explanation. The best explanation of the primeness of the life cycles of Periodical Cicadas is genuinely mathematical, according to Baker (...) :223–238, 2005; Br J Philos Sci 60:611–633, 2009). Furthermore, the result is then also used to strengthen the platonist position :779–793, 2017a). We pick up the circularity problem brought up by Leng Mathematical reasoning, heuristics and the development of mathematics, King’s College Publications, London, pp 167–189, 2005) and Bangu :13–20, 2008). We will argue that Baker’s attempt to solve this problem fails, if Hume’s Principle is analytic. We will also provide the opponent of the Enhanced Indispensability Argument with the so-called ‘interpretability strategy’, which can be used to come up with alternative explanations in case Hume’s Principle is non-analytic. (shrink)

Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. It is indicated (...) how the moulding of contested legal concepts, if not restricted, will obscure the ratio of legal rules. This problem is relevant, inter alia, to arguments ex analogia in the law. (shrink)

The epistemological soundness of controlled clinical trials is questioned. It is argued that the real effect of therapies cannot be determined by such experiments because there is a significant interaction between the placebo effect and real effect created by the individual therapist and treatment situation which, however, is neglected in controlled clinical trials. This critical standpoint is supported by several pharmacological examples.

CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition established by Jeremy Bentham and John Austin, and continued in the twentieth ...

The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of Hohfeldian (...) distinctions in terms of liberty spaces and ability spaces. It is argued that the reformulation is useful, inter alia, for describing exchange of property rights by contract. El artículo intenta mostrar: que la teoría de las relaciones jurídicas fundamentales de W. N. Hohfeld es relevante para la teoría económica y que el sistema de Hohfeld puede ser reconstruido mediante los conceptos de "espacio de libertad" y "espacio de capacidad", entendidos como el Spielraum para la acción del agente. La primera mitad del artículo está dedicada a la exposición del sistema de Hohfeld y al problema de su relación con el análisis económico de los derechos reales. La segunda mitad se refiere a la teoría del Spielraum y a la reformulación de las distinciones hohfeldianas en términos de espacio de libertad y espacio de capacidad. Se argumenta que esta reformulación es útil, inter alia, para describir el cambio de los derechos reales mediante contratos. (shrink)

The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...) to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)

The epistemological soundness of controlled clinical trials is questioned. It is argued that the real effect of therapies cannot be determined by such experiments because there is a significant interaction between the placebo effect and real effect created by the individual therapist and treatment situation which, however, is neglected in controlled clinical trials. This critical standpoint is supported by several pharmacological examples.

In healthcare priority settings, early access to treatment before reimbursement decisions gives rise to problems of whether negative decisions for cost‐effectiveness reasons should result in withdrawing treatment, already accessed by patients. Among professionals there seems to be a strong attitude to distinguish between withdrawing and withholding treatment, viewing the former as ethically worse. In this article the distinction between withdrawing and withholding treatment for reasons of cost effectiveness is explored by analysing the doing/allowing distinction, different theories of justice, consequentialist and (...) virtue perspectives. The authors do not find any strong reasons for an intrinsic difference, but do find some reasons for a consequentialist difference, given present attitudes. However, overall, such a difference does not, all things considered, provide a convincing reason against withdrawal, given the greater consequentialist gain of using cost‐effective treatment. As a result, patients should be properly informed when given early access to treatment, that such treatment can be later withdrawn following a negative reimbursement decision. (shrink)

When considering the introduction of a new intervention in a budget constrained healthcare system, priority setting based on fair principles is fundamental. In many jurisdictions, a multi-criteria approach with several different considerations is employed, including severity and cost-effectiveness. Such multi-criteria approaches raise questions about how to balance different considerations against each other, and how to understand the logical or normative relations between them. For example, some jurisdictions make explicit reference to a large patient benefit as such a consideration. However, since (...) patient benefit is part of a cost-effectiveness assessment it is not clear how to balance considerations of greater patient benefit against considerations of severity and cost-effectiveness. The aim of this paper is to explore the role of a large patient benefit as an independent criterion for priority setting in a healthcare system also considering severity and cost-effectiveness. By taking the opportunity cost of new interventions (i.e., the health forgone in patients already receiving treatment) into account, we argue that patient benefit has a complex relationship to priority setting. More specifically, it cannot be reasonably concluded that large patient benefits should be given priority if severity, cost-effectiveness, and opportunity costs are held constant. Since we cannot find general support for taking patient benefit into account as an independent criterion from any of the most discussed theories about distributive justice: utilitarianism, prioritarianism, telic egalitarianism and sufficientarianism, it is reasonable to avoid doing so. Hence, given the complexity of the role of patient benefit, we conclude that in priority practice, a large patient benefit should not be considered as an independent criterion, on top of considerations of severity and cost-effectiveness. (shrink)

Background: Severity plays an essential role in healthcare priority setting. Still, severity is an under-theorised concept. One controversy concerns whether severity should be risk- and/or time-sensitive. The aim of this article is to provide a normative analysis of this question. Methods: A reflective equilibrium approach is used, where judgements and arguments concerning severity in preventive situations are related to overall normative judgements and background theories in priority-setting, aiming for consistency. Analysis, discussion, and conclusions: There is an argument for taking the (...) risk of developing a condition into account, and we do this when we consider the risk of dying in the severity assessment. If severity is discounted according to risk, this will ‘dilute’ severity, depending on how well we are able to delineate the population, which is dependent on the current level of knowledge. This will potentially have a more far-reaching effect when considering primary prevention, potentially the de-prioritisation of effective preventive treatments in relation to acute, less-effective treatments. The risk arguments are dependent on which population is being assessed. If we focus on the whole population at risk, with T 0 as the relevant population, this supports the risk argument. If we instead focus on the population of as-yet (at T 0 ) unidentified individuals who will develop the condition at T 1, risk will become irrelevant, and severity will not be risk sensitive. The strongest argument for time-sensitive severity (or for discounting future severity) is the future development of technology. On a short timescale, this will differ between different diagnoses, supporting individualised discounting. On a large timescale, a more general discounting might be acceptable. However, we need to also consider the systemic effects of allowing severity to be risk- and time-sensitive. (shrink)

Stig Kanger made important contributions to logic and formal philosophy. Kanger's most original achievements were in the areas of general proof theory, the semantics of modal and deontic logic, and the logical analysis of the concept of rights. But he contributed significantly to action theory, preference logic and the theory of measurement as well. This is the second of two volumes dedicated to the work of Stig Kanger. The first volume is a complete collection of Kanger's philosophical papers. The present (...) volume contains critical essays on the various aspects of Kanger's work as well as some biographical sketches. Lennart Åqvist, Jan Berg, Brian Chellas, Anatoli Degtyarev, Lars Gustafsson, Sören Halldén, Kaj Børge Hansen, Sven Ove Hansson, Risto Hilpinen, Jaakko Hintikka, Ghita Holmström-Hintikka, Lars Lindahl, Sten Lindström, Ingmar Pörn, Dag Prawitz, Wlodek Rabinowicz, Krister Segerberg, Amartya Sen, Sören Stenlund, Göran Sundholm, and Andrei Voronkov have contributed to this volume. (shrink)

As past research has identified frontline employees as the primary communicators of a company’s CSR, this paper reports on a large-scale quasi-field experiment aimed at gaining a deeper understanding of the levers of successful in-store, point-of-sale, CSR communication. In cooperation with a large international retailer, the authors analyzed the effects of varying in-store CSR communication strategies in 48 unique stores, combining data from a customer survey, company records of customers’ real visits and purchases, and interviews with store managers. Taking into (...) account the nested structure of the data, the authors reveal that CSR-related training of frontline employees bestows its favorable effect on customers and customer behavior only if it is accompanied by the store managers’ personal support for CSR. (shrink)

Recently, calls have grown louder for more stakeholder democracy that is, letting stakeholders participate in the process of organizing, decision‐making, and governance in corporations, especially in the area of Corporate Social Responsibility (CSR) activities. Despite the relevance of the subject, the impact of customer involvement in CSR on their company‐related attitudes and behaviors still represents a major research void. The paper at hand develops a conceptual framework of consumer involvement in CSR based on the existing literature, theories of stakeholder democracy, (...) and organizational boundaries as well as drawing from the qualitative focus group interviews (N = 24). The framework is tested on a large scale, two‐time point field‐experimental study (N = 3,397). More specifically, consumer reactions to three degrees of customer involvement (i.e., information, feedback, and dialogue) are tested in two different CSR domains (i.e., company‐internal business process vs. company‐external philanthropic CSR). Results indicate that the customer involvement in CSR has a more beneficial effect in terms of strengthening customer outcomes in CSR domains that directly affect external stakeholders of the company (i.e., philanthropic CSR) than in domains that mainly concern company‐internal stakeholders (i.e., business process CSR). (shrink)

This article has a twofold scope: I want to suggest that the term “philosophical archaeology” is a methodologically significant concept which is relevant when working historically with the humanities—texts primarily. As a means for this the two most interesting philosophical archaeologists will play a key role: Michel Foucault and Giorgio Agamben. Furthermore, I want to discuss why philosophical archaeology is needed when working critically with what Jan Assmann so famously has defined as cultural memory scholarship. For this purpose Carlo Ginzburg’s (...) concept of, especially, the principle of reality will be discussed lastly where also the difference—or, perhaps, the alleged difference-between law and history, proof and fact will be debated. (shrink)

Lars von Trier's movies can be seen as a series of iterations in an infinitely repeated prisoner's dilemma. After testing the logic of this game, at the core of which is the dilemma of cooperation or conflict, at the middle level at which an individual confronts a community up till Dogville, he has transposed the game to the level of social systems in Manderlay and the level of the minimal social unit, the couple in Anti-Christ. The story is the (...) Oedipus myth reversed and fit into the logic of the prisoner's dilemma which is, one could argue, the mathematical model of a Hobbesian world view. In that sense it could be called Von Trier's Anti-Oedipus. Moreover, this is the first film in which Von Trier fully embraces digital technologies. It is as if he as a filmmaker acts like the male protagonist in Anti-Christ, and assumes the role of the Anti-Christ in order to become a Savior, since digital technologies and special effects are aligned with 'evil' in this movie. (shrink)

A review: Lars-Göran Johansson’s Empiricism and the Philosophy of Physics.

In Lars von Trier’s Breaking the Waves, the protagonist Bess McNeill is often viewed as a Christ-figure, in particular, as an image of Christ’s love. In this essay, I address the feminist critique that taking Bess in this way represents a serious distortion of Christ's love, arguing that Bess need not be seen as endorsing a self-destructive and victimizing form of love that feminist critics rightly reject. Instead, I suggest that we can view her love as an indictment of (...) the institutions structuring its expression. Finally, I argue that Bess’s love for Jan combines aspects of love that have typically been segregated into eros and agape in a way that enriches our understanding of agape and prompts us in turn to re-evaluate our understanding of Christ’s love and death. (shrink)

This anthology contains revised versions of selected papers presented at the fourth bi-annual international deontic logic conference, DEON’98. This volume includes our substantial introduction, and an article from me as a contributor. The volume includes papers from all four distinguished invited speakers, David Makinson, Donald Nute, Claudio Pizzi, and the founder of deontic logic, Georg Von Wright. Other notables among the authors are Dov Gabbay (co-editor of the Handbook on Philosophical Logic vols.1-4, and editor of a number of logic book (...) series); Lars Lindahl (author of Position and Change: A Study in Law and Logic); Andrew Jones (past editor of the Norwegian Journal of Philosophical Logic, and the co-author of the entry “Deontic Logic and Contrary-to-Duties” in the 2nd edition of Handbook on Philosophical Logic); and Marek Sergot (a leading researcher at the interface of deontic logic and computer science.). (shrink)

The coronavirus pandemic made the biopolitics of infection control the core object of states around the world. Globally, states governed spheres usually free of state control, implementing various restrictions, closing down society in the process. This is possible due to the state's capacities to act through and over society, grounded in the state's powers. I argue that while the pandemic has led to useful and interesting state-centric Foucauldian literature on the politics of COVID-19, this literature has not fully taken the (...) theoretical lessons of the pandemic into account. Explicating these lessons, I discuss how the pandemic invites us to reconsider the Foucauldian approach to the state. The purpose of this article is to combine the Foucauldian theory of power with a Weberian state theory based on Michael Mann's work on the state and the sources of power, so to lay the foundations for a Weberian-Foucauldian theory of the state. (shrink)