Les honoraires de l’avocat sont la légitime rémunération du travail foruni et du service rendu par l’avocat dans l’intérêt de son client. S’ils répondent, à l’origine, de la liberté contractuelle, ils sont désormais très encadrés et font même, en certaines matières, l’objet d’une tarification. En sus de ce strict encadrement, les litiges sur l’honoraire de l’avocat répondent à une procédure spécifique : le bâtonnier est le juge de l’honoraire. Cet encadrement et ce contrôle des honoraires se sont encore renforcés sous (...) l’influence croissante du droit européen de la consommation et des décisions de la Cour de justice de l’Union européenne prises en la matière. (shrink)

Surely since the Enlightenment, if not before, the study of mind has centered principally on how man achieves a “true” knowledge of the world. Emphasis in this pursuit has varied, of course: empiricists have concentrated on the mind’s interplay with an external world of nature, hoping to find the key in the association of sensations and ideas, while rationalists have looked inward to the powers of mind itself for the principles of right reason. The objective, in either case, has been (...) to discover how we achieve “reality,” that is to say, how we get a reliable fix on the world, a world that is, as it were, assumed to be immutable and, as it were, “there to be observed.”This quest has, of course, had a profound effect on the development of psychology, and the empiricist and rationalist traditions have dominated our conceptions of how the mind grows and how it gets its grasp on the “real world.” Indeed, at midcentury Gestalt theory represented the rationalist wing of this enterprise and American learning theory the empiricist. Both gave accounts of mental development as proceeding in some more or less linear and uniform fashion from an initial incompetence in grasping reality to a final competence, in one case attributing it to the work out of internal processes or mental organization, and in the other to some unspecified principle of reflection by which—whether through reinforcement, association, or conditioning—we came to respond to the world “as it is.” There have always been dissidents who challenged these views, but conjectures about human mental development have been influenced far more by majoritarian rationalism and empiricism than by these dissident voices. Jerome Bruner is research professor of psychology at New York University, where he is also serving as Meyer Visiting Professor of Law. His most recent book, Acts of Meaning, appeared in 1990. In 1987 he received the Balzan Prize for “a lifetime contribution to the study of human psychology.”. (shrink)

According to many realist philosophers of fiction, one needs to posit an ontology of existing fictional characters in order to give a correct account of discourse about fiction. The realists' claim is opposed by pretense theorists for whom discourse about fiction involves, as discourse in fiction, pretense. On that basis, pretense theorists claim that one does not need to embrace an ontology of fictional characters to give an account of discourse about fiction. The ontolog-ical dispute between realists and pretense theorists (...) is mainly a dispute in the realm of the phi-losophy of language concerning the status relative to pretense of discourse about fiction. Realists are persuaded that there is a sharp line between discourse in fiction and discourse about fiction while pretense theorists deny there exists such a line. I suggest that realists may have a wrong picture of discourse in fiction since, in many cases, discourse in fiction already contains many occurrences of discourse about fiction. Consequently, discourse about fiction, instead of ending fiction, should be regarded, following pretense theorists, as adding extra lay-ers of fiction. (shrink)

He shows how these new scientific insights inevitably affect our traditional ideas about the soul." "For anyone who is at all uncertain, Are Souls Real? offers an alternative to the views of a spiritual advisor. Various experts, from biblical scholars to neuroscientists, have gathered information that allows soul beliefs to be judged more skeptically. This book brings these conclusions together, offering a new perspective on whether supernatural souls really exist."--BOOK JACKET.

In this paper I defend the possibility that a ‘contented religious exclusivist’, will be fully rational and not neglectful of any of her epistemic duties when faced with the world’s religious diversity. I present an epistemic strategy for reflecting on one's beliefs and then present two features of religious belief that make contented exclusivism a rational possibility. I then argue against the positions of John Hick, David Basinger, and Steven Wykstra on contented exclusivism, and criticize an overly optimistic conception of (...) rationality. Finally, I describe a contented exclusivist who might very well not be fully rational in the face of religious diversity. (shrink)

In the first part of this article, I argue that Christopher Megone's natural-kind interpretation of Aristotle's argument that "the function of a human being is reason" does not resolve major puzzles about the argument, specifically the puzzles of why a human being has a function and why reason is that function. I attempt to resolve these puzzles by supplementing the natural-kind account with the doctrine that reason is the master regulatory natural function by which individuals enter into social life. In (...) the second half, I critique Megone's value account of function and argue for a nonevaluative, causal-explanatory account of function and teleological explanation. (shrink)

The harmful dysfunction (HD) analysis of "disorder" holds that disorders are harmful failures of "designed" (that is, naturally selected) functions. Murphy and Woolfolk (2000) present a series of proposed counterexamples to the HD analysis to support their claim that it fails to provide a necessary condition for disorder. They argue that disorder can exist where there is no failed function, as in failed spandrels and inflamed vestigial organs, and that there can be disorders when everything is working as designed, as (...) in environment--design mismatches and disorders acquired through normal learning processes. They also argue that the HD analysis suffers from methodological problems, including value-ladenness of dysfunction judgments and unwarranted assumptions about the nature of internal mechanisms and their functions. -/- In this paper, each of these objections is critically evaluated. Reanalysis of the proposed counterexamples is argued to reveal strong support for the HD analysis. For example, failed spandrels are considered disorders when and only when they imply failures of designed functions; dysfunctions of vestigial organs involve failures of function at the tissue level, not the organ level; mechanism-environment mismatches are not considered disorders; and conditions acquired through normal learning processes can involve dysfunctions and are considered disordered only when they do. Murphy and Woolfolk's methodological objections are found to be based on a misinterpretation of the HD analysis. It is concluded that Murphy and Woolfolk fail to offer a cogent objection to the HD analysis. (shrink)

In a nonstandard universe, the $\kappa$-saturation property states that any family of fewer than $\kappa$ internal sets with the finite intersection property has a nonempty intersection. An ordered field $F$ is said to have the $\lambda$-Bolzano-Weierstrass property iff $F$ has cofinality $\lambda$ and every bounded $\lambda$-sequence in $F$ has a convergent $\lambda$-subsequence. We show that if $\kappa < \lambda$ are uncountable regular cardinals and $\beta^\alpha < \lambda$ whenever $\alpha < \kappa$ and $\beta < \lambda$, then there is a $\kappa$-saturated nonstandard (...) universe in which the hyperreal numbers have the $\lambda$-Bolzano-Weierstrass property. The result also applies to certain fragments of set theory and second order arithmetic. (shrink)

In this paper, I argue that within the Japanese social context, the act of suicide is a positive moral act because the values underpinning it are directly related to a socially pervasive moral belief that any act of self-sacrifice is a worthy pursuit. The philosophical basis for this view of the self and its relation to society goes back to the writings of Confucius who advocated a life of propriety in which being dutiful, obedient, and loyal to one's group takes (...) precedence over the desires of the individual selves that make up the group. I argue that this philosophical perspective poses formidable challenges to Japanese psychiatry (which accepts a contrary western perspective) because, as western psychiatry is based on the concept of autonomous individuality, the Japanese conceive of the self as socially embedded. Because suicide in Japan is viewed as a potentially honorable, virtuous, and even beautiful act of self-sacrifice expressing one's duty to one's group, the western perspective is quite foreign to the Japanese self-conceptual framework. Therefore, since Japanese psychiatry and law have embraced the western medical tradition of viewing suicide as a non-rational response to mental illness, which runs counter to the cultural view that suicide is a moral (and rational) act, I argue that western explanations of suicide present significant cross-cultural problems for Japanese psychiatry. (shrink)

Recently, "Religious Studies" published an article by Richard Gale and Alexander Pruss, arguing that there exists a necessary being who is a creator of the world. Building on their argument, I argue that, assuming that there is exactly one creator, that creator is essentially omnipotent.

In response to critical discussion of my book, A Tear Is an Intellectual Thing: The Meanings of Emotion, I clarify and develop various aspects of my analysis of jealousy in particular and affectivity in general. In relation to jealousy, I explore the nature of pathology, the role of fantasy and of the rival, and the place of examples and of evolutionary theory. In relation to affectivity, I emphasize the difference between distinguishing emotions from other psychological states and distinguishing among, within (...) and between, particular emotions (where affectivity may not be central). In addition, I emphasize the dangers of a version of G.E. Moore's error in demanding a nonreductive analysis of good in parallel demands for a nonreductive analysis of affectivity. (shrink)

Relying on personal experience of political European venture during the last four years, this paper aims at illustrating the role of ethics in public policy-making.Crucial importance of ethics is stressed upon at three different stages of the decision-making process: shaping a vision, devising strategy and choosing options in everyday life.

We characterize Maharam spectra of Loeb probability spaces and give some applications of the results.

Under the sway of the postulate of determinism, sociologists (with some exceptions) have given little direct attention to sheerly fortuitous events. Such events are analytically distinguishable from those which are considered the results of chance only because we currently lack knowledge of their causation. Exemplifications of pure chance abound in the various arts and sciences, including sociology (especially in work by symbolic interactionists). Direct, explicit consideration of random, accidental, or chance phenomena requires approaches that emphasize both the processes of behavior (...) and interaction and the case-study method of investigation. (shrink)

Au départ, un constat : la question de la «moralité» des rêves a été délaissée par la philosophie, tandis qu�elle a largement inspiré la littérature. Afin d�explorer la question, on recourt à Aristote, premier théoricien naturaliste du rêve et analyste de la psychologie morale. Bien qu�opposé à une «lecture éthique» du rêve (il privilégie les facteurs somatiques), Aristote fournit une échelle extrêmement fine de «demi-actions» (spontanées, désirées, regrettées, etc.) de la veille. La traque d�une hypothétique «action onirique» sera l�occasion d�un (...) parcours tout au long de cette échelle éthique, et d�une étude plus générale du «diagnostic moral» dans la perspective d�Aristote. (shrink)

Review of A. Janik: Assembling Reminders (2009).

This essay argues that Freud’s case of Little Hans, while complicated by Hans’ father’s dual role in the analysis and in the Oedipal drama itself, provides valuable insight into the nature of psychoanalytic evidence and argument. The case provides direct, if sometimes ambiguous, evidence concerning primal phantasies and infantile sexuality--issues of universality, the role of experience, and the nature of phantasy are explored. Four strands of Freud’s analysis of Little Hans’ horse phobia are also explored. While the toxicological theory of (...) anxiety is problematical and was subsequently abandoned by Freud himself, the other strands have great explanatory power and offer advantages over behaviorist and other alternative accounts. A kind of theoretical rigor in the concepts employed is argued to be among those advantages. The inevitably theory-laden character of observation is emphasized throughout, and it is argued that psychoanalysis provides a far more powerful theory than certain critiques would allow. (shrink)

In her important work, Hasidism as Mysticism: Quietistic Elements in Eighteenth Century Hasidic Thought, the late Rivkah Schatz-Uffenheimer depicted early eighteenth-century Hasidism as a movement with pronounced ‘quietist tendencies’. In this paper I raise several difficulties with this thesis. These follow from social-activist features of early Hasidism as well as from a selection from the writings of leading early Hasidic masters. I conclude that a major stream of thought in early Hasidim was not quietist in tendency. Finally, I compare the (...) intentions of the masters I cite to some non-quietist themes in Eastern mystical thought. (Published Online July 10 2006). (shrink)

In this paper, the problem of purifying an assumption-based theory KB, i.e., identifying the right extension of KB using knowledge-gathering actions (tests), is addressed. Assumptions are just normal defaults without prerequisite. Each assumption represents all the information conveyed by an agent, and every agent is associated with a (possibly empty) set of tests. Through the execution of tests, the epistemic status of assumptions can change from "plausible" to "certainly true", "certainly false" or "irrelevant", and the KB must be revised so (...) as to incorporate such a change. Because removing all the extensions of an assumption-based theory except one enables both identifying a larger set of plausible pieces of information and renders inference computationally easier, we are specifically interested in finding out sets of tests allowing to purify a KB (whatever their outcomes). We address this problem especially from the point of view of computational complexity. (shrink)