The factors that determine the decision-making mechanisms on the regional level are twofold in nature : internal and external.We may distinguish three internal factors: 1° the councils of the regions are composed of members of the national parliament ; 2° on the national level, the regional problem is not dealt with by representatives of the regions ; 3° the conventional system controls the relationship between the executives and the councils of the regions.The external factors may be reduced to five: 1° (...) the regions do not have jurisdiction for their entire territory; 2° the financing of the regions is done via a system that implies no financial responsibility and onesidedly favors the southern regions ; 3° the financial burden of some decisions of the nation is imposed on the regions; 4° the distribution of authority disregards federal practice; 5° conflicts of authority are not resolved by a purely jurisdictional organ.Finally, we stress the contiguous existences·of regions and communities as substructures white the latter are the true components of the Belgian nation. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

The author examines the way in which the code of the hard-boiled detective, as exemplified especially in Dashiell Hammett's novels, is a crude but accurate version of the Kantian ethics of duty, an ethics that is quintessentially modern.

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257, that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be (...) fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act, establishing the New York City Health and Hospitals Corporation as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc., a private, for-profit entity. (shrink)

One of the most important methods in dealing with the optimization of large, complex systems is that of hierarchical decomposition. The idea is to reduce the overall complex problem into manageable approximate problems or subproblems, to solve these problems, and to construct a solution of the original problem from the solutions of these simpler prob lems. Development of such approaches for large complex systems has been identified as a particularly fruitful area by the Committee on the Next Decade in Operations (...) Research (1988) [42] as well as by the Panel on Future Directions in Control Theory (1988) [65]. Most manufacturing firms are complex systems characterized by sev eral decision subsystems, such as finance, personnel, marketing, and op erations. They may have several plants and warehouses and a wide variety of machines and equipment devoted to producing a large number of different products. Moreover, they are subject to deterministic as well as stochastic discrete events, such as purchasing new equipment, hiring and layoff of personnel, and machine setups, failures, and repairs. (shrink)

Introduction -- Prelude: from gesture to virtual agency -- Foundations for a theory of agency -- Virtual environmental forces and gestural energies: actants as agential -- Virtual embodiment: from actants to virtual human agents -- Virtual identity and actorial continuity -- Interlude I: from embodiment to subjectivity -- Staging virtual subjectivity -- Virtual subjectivity and aesthetically warranted emotions -- Staging virtual narrative agency -- Performing agency -- An integrative agential interpretation of Chopin's Ballade in F minor, op. 52 -- Interlude (...) II: hearing agency: a complex cognitive task -- Other perspectives on virtual agency -- Postlude. (shrink)

Simone Weil writes in one of her notebooks: “When one arrives at the absolute one can only express oneself by identities … – For identity alone expresses the unconditioned” (Cahiers, in Œuvres complètes, t. VI, vol. 4 (Paris: Gallimard, 2006), 113). Thus, it is that “the good is the good”, one and the same, unconditionally. Certainly, an individual is unique, a nation is equally so. Nevertheless, personal identity – or “character” – and the identity of a nation are not absolutes. (...) When we wish to treat them as absolutes, we ignore the fact that the “person,” as well as the “nation”, only exists within relationships that they are subject to exterior circumstances and that their identity is situated in time. Is one correct to suppose that the character of an individual or the identity of the nation are “invariables that one continues to find throughout various manifestations”, (“Notes sur le caractère”, Écrits de Marseille, in Œuvres complètes, Op. cit., t. IV, vol. 1 (2008), 87) observed or probable? We hypothesize here that one can apply to national identity what Simone Weil wrote about the notion of character, in notes composed in Marseille and in her commentary on the Our Father (“À propos du Pater”, ibid., 337‐345). (shrink)

The present study fills a void in research on passion by examining for the first time the role of passion in physiological responses. The aim of the study was to investigate the role of passion, and the mediating role of cognitive appraisals, in the psychological and physiological responses to a stressful situation related to one’s passion. Students, who were passionate for their studies, completed the Passion Scale for their studies and the Cognitive Appraisal Scale. Then, they engaged in an education (...) task under stressful conditions, and a subsequent unrelated leisure task under no-stress. Physiological reactivity was measured throughout the entire session and their perceptions of situational vitality and positive and negative emotions were assessed directly after the education task. Results showed that harmonious passion positively predicted challenge appraisals that, in turn, were positively related to positive emotions, vitality, and positive cardiovascular adaptation while engaging in the stressful education task, but less so with the leisure task. On the other hand, obsessive passion positively predicted threat appraisals. In turn, threat appraisals were positively related to negative emotions, negatively associated with vitality, and not related to cardiovascular reactivity. The present findings suggest that HP creates the onset of an adaptive psychological and physiological response whereas the response is less adaptive with OP. (shrink)

Deze studie wil de wijsgerig-ethische stromingen van de 19e en 20e eeuw op een overzichtelijke wijze presenteren. Zij biedt veel en ongetwijfeld kan zij dienst doen als een eerste oriëntatie. De continentale filosofie komt goed aan de orde, zij het dat de auteurs de aandacht voor de bibliografische notities vaak laten gaan ten koste van de toch al summiere inhoudelijke inleidingen. De auteurs beschrijven en beoordelen - dikwijls in moraliserende termen - maar gaan niet in dialoog noch met de behandelde (...) auteur noch met de lezer. De angelsaksische wereld komt nauwelijks aan de orde (29 blz.). De betekenis van de analytische ethiek voor de normatieve ethiek wordt niet gezien. Het boek stopt ook te vlug. De recente ontwikkelingen komen niet aan de orde. Over narratieve ethiek wordt niet gesproken. Maar evenmin over de hernieuwde aandacht voor de deugden-ethiek. Deze studie laat duidelijk zien dat de gigantische onderneming om een goede inleiding in de wijsbegeerte en de ethiek van de 19e en 20e eeuw te schrijven, niet door een of twee personen kan worden voltooid. (Biblion recensie, Prof. dr. F.J. Heggen.). (shrink)

Politiek gaat over het verenigen van gemeenschappelijke en conflicterende belangen in bindende collectieve besluitvorming op een wijze die door winnaars en verliezers kan worden aanvaard. In dit artikel baseer ik mij op het politiek gezaghebbende duurzaamheidsconcept van de Brundtlandcommissie in Our Common Future: ‘Duurzame ontwikkeling is ontwikkeling die tegemoetkomt aan de behoeften in het heden zonder de mogelijkheid van toekomstige generaties om te voorzien in hun eigen behoeften in de weg te staan’ . Dan blijkt direct dat het vinden van (...) principes voor een duurzame politiek lastig is, want het gaat hier om een morele eis rekening te houden met de belangen van mensen in komende generaties die nu nog geen deel uitmaken van een politieke gemeenschap. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

Robert Batterman examines a form of scientific reasoning called asymptotic reasoning, arguing that it has important consequences for our understanding of the scientific process as a whole. He maintains that asymptotic reasoning is essential for explaining what physicists call universal behavior. With clarity and rigor, he simplifies complex questions about universal behavior, demonstrating a profound understanding of the underlying structures that ground them. This book introduces a valuable new method that is certain to fill explanatory gaps across disciplines.

Robert Stalnaker opposes the traditional view that knowledge of one's own current thoughts and feelings is the unproblematic foundation for all knowledge. He argues that we can understand our knowledge of our thoughts and feelings only by viewing ourselves from the outside, by seeing our inner lives as features of the world as it is in itself.

In Overdoing Democracy, Robert B. Talisse turns the popular adage "the cure for democracy's ills is more democracy" on its head. Indeed, he argues, the widely recognized, crisis-level polarization within contemporary democracy stems from the tendency among citizens to overdo democracy. When we make everything--even where we shop, the teams we cheer for, and the coffee we drink--about our politics, we weaken our bonds to one another, and work against the fundamental goals of democracy. Talisse advocates civic friendship built (...) around shared endeavors that we must undertake with fellow citizens who do not necessarily share our political affinities as the best way we can obtain a healthier, more sustainable democracy. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...) a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

This volume collects thirty years worth of articles on the emotions written by the distinguished philosopher Robert Solomon. Solomon's thesis is that we are significantly responsible for our emotions, which are evaluative judgments that in effect we choose. This is the first of several volumes that document work in the emotions.

The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as (...) whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality. (shrink)

In this book, Dr. Robert J. Levine reviews federal regulations, ethical analysis, and case studies in an attempt to answer these questions.

We live our lives through our emotions, writes Robert Solomon, and it is our emotions that give our lives meaning. What interests or fascinates us, who we love, what angers us, what moves us, what bores us--all of this defines us, gives us character, constitutes who we are. In True to Our Feelings, Solomon illuminates the rich life of the emotions--why we don't really understand them, what they really are, and how they make us human and give meaning to (...) life. Emotions have recently become a highly fashionable area of research in the sciences, with brain imaging uncovering valuable clues as to how we experience our feelings. But while Solomon provides a guide to this cutting-edge research, as well as to what others--philosophers and psychologists--have said on the subject, he also emphasizes the personal and ethical character of our emotions. He shows that emotions are not something that happen to us, nor are they irrational in the literal sense--rather, they are judgements we make about the world, and they are strategies for living in it. Fear, anger, love, guilt, jealousy, compassion--they are all essential to our values, to living happily, healthily, and well. Solomon highlights some of the dramatic ways that emotions fit into our ethics and our sense of the good life, how we can make our emotional lives more coherent with our values and be more "true to our feelings" and cultivate emotional integrity. The story of our lives is the story of our passions. We fall in love, we are gripped by scientific curiosity and religious fervor, we fear death and grieve for others, we humble ourselves in envy, jealousy, and resentment. In this remarkable book, Robert Solomon shares his fascination with the emotions and illuminates our passions in an exciting new way. (shrink)

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: In what kinds of entities does the law consist, and how (...) are these entities connected such that they form the overarching entity we call “law”? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. This connection can be grasped by means of the concepts of authoritative issuance and social efficacy. The latter includes the concept of coercion or force. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality. To ask about the nature of law is to ask about necessary relations between the concepts of normative meaning, authoritative issuance as well as social efficacy, and correctness of content. (shrink)

Robert Stalnaker is an actualist who holds that merely possible worlds are uninstantiated properties that might have been instantiated. Stalnaker also holds that there are no metaphysically impossible worlds: uninstantiated properties that couldn't have been instantiated. These views motivate Stalnaker's "two dimensional" account of the necessary a posteriori on which there is no single proposition that is both necessary and a posteriori. For a (metaphysically) necessary proposition is true in all (metaphysically) possible worlds. If there were necessary a posteriori (...) propositions, that would mean that there were propositions true in all possible worlds but which could only be known to be true by acquiring empirical evidence. Consider such a purported proposition P. The role of empirical evidence for establishing P's truth would have to be to rule out worlds in which P is false. If there were no such worlds to be ruled out, we would not require evidence for P. But by hypothesis, P is necessary and so true in all metaphysically possible worlds. And on Stalnaker's view, the metaphysically possible worlds are all the worlds there are. So there can be no proposition that is true in all possible worlds, but that we require evidence to know. In this way, the motivation for Stalnaker's two dimensional account of the necessary a posteriori rests on his denying that there are metaphysically impossible Worlds. I argue that given his view of what possible worlds are, Stalnaker has no principled reason for denying that there are metaphysically impossible worlds. If I am right, this undercuts Stalnaker's motivation for his two dimensional account of the necessary a posteriori. (shrink)

Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three (...) parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory. (shrink)

[Robert Stalnaker] Saul Kripke made a convincing case that there are necessary truths that are knowable only a posteriori as well as contingent truths that are knowable a priori. A number of philosophers have used a two-dimensional model semantic apparatus to represent and clarify the phenomena that Kripke pointed to. According to this analysis, statements have truth-conditions in two different ways depending on whether one considers a possible world 'as actual' or 'as counterfactual' in determining the truth-value of the (...) statement relative to that possible world. There are no necessary a posteriori or contingent a priori propositions: rather, contingent a priori and necessary a posteriori statements are statements that are necessary when evaluated one way, and contingent when evaluated the other way. This paper distinguishes two ways that the two-dimensional framework can be interpreted, and argues that one of them gives the better account of what it means to 'consider a world as actual', but that it provides no support for any notion of purely conceptual a priori truth. /// [Thomas Baldwin] Two-dimensional possible world semantic theory suggests that Kripke's examples of the necessary a posteriori and contingent a priori should be handled by interpreting names as implicitly indexical. Like Stalnaker, I reject this account of names and accept that Kripke's examples have to be accommodated within a metasemantic theory. But whereas Stalnaker maintains that a metasemantic approach undermines the conception of a priori truth, I argue that it offers the opportunity to develop a conception of the a priori aspect of stipulations, conceived as linguistic performances. The resulting position accommodates Kripke's examples in a way which is both intrinsically plausible and fits with Kripke's actual discussion of them. (shrink)