Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been (...) widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master. (shrink)

This paper analyses the logical structure of the balancing of conflicting normative arguments, and asks whether non-monotonic logic is adequate to represent this type of legal or practical reasoning. Norm conflicts are often regarded as a field of application for non-monotonic logics. This paper argues, however, that the balancing of normative arguments consists of an act of judgement, not a logical inference, and that models of deductive as well as of defeasible reasoning do not give an adequate account of its (...) structure. Moreover, it argues that as far as the argumentation consists in logical inferences, deductive logic suffices for reconstructing the argumentation from the internal point of view of someone making normative judgements. (shrink)

Una concepción tradicional de la argumentación jurídica considera que se debe resolver casos jurídicos a través de subsunción y deducción. Hugo Zuleta disputa esta posición, rechazando así la "concepción puente" de las normas, la que fue defendida en particular por Carlos Alchourrón y Eugenio Bulygin. Según la "concepción puente" la norma condicional incluye una modalidad deóntica solo en su consecuencia, mientras su antecedente consiste en un enunciado descriptivo. En cambio, Zuleta propone la "concepción insular", que pone la modalidad deóntica adelante (...) del condicional ). Discutiré estas concepciones, evaluando su adecuación en distintos ámbitos de aplicación. En particular, defenderé la tesis de que la crítica a la "concepción puente" tiene razón en cuanto se trata de conflictos normativos. Así, la "concepción insular" puede tener una aplicación importante en la teoría de los principios, que trata justamente del análisis de normas en conflicto. The traditional conception of legal argumentation is that legal cases are resolved by means of subsumption and deduction. Hugo Zuleta disputes this position, rejecting the "bridge conception" of norms, which was defended in particular by Carlos Alchourrón and Eugenio Bulygin. According to the "bridge conception", the conditional norm includes a deontic modality only in its consequence, whilst the antecedent consists of a descriptive sentence. By contrast, Zuleta defends the "isle conception", which puts the deontic modality in front of the conditional ). I will discuss these conceptions, assessing their adequacy in distinct fields of application. In particular, I will defend the thesis that the critique of the "bridge conception" is correct in the case of norm conflicts. Thus, the "isle conception" can have an important application in the theory of principles and the analysis of norm conflicts. (shrink)

It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not (...) fully adequate for a normative conception of law. (shrink)

Este libro es el resultado de un conjunto de trabajos que tratan sobre la teoría del derecho de Robert Alexy. Presenté varios de ellos en conferencias o charlas, y en conjunto cubren gran parte de la teoría alexyana. Esto refleja el enorme interés que encuentra esta teoría en particular en Latinoamerica. Dicho interés se justifica, por un lado, por la profundidad y originalidad de su obra desde el punto de vista teórico. Por otro lado, el interés deviene de la observación (...) de la práctica judicial, habiendo sido acogida la concepción de Alexy por la Corte Interamericana de Derechos Humanos y por otras cortes y tribunales superiores de varios países latinoamericanos. En especial, el método de la ponderación de los derechos humanos o fundamentales, tal como fuera formulado por el autor en estudio, es aplicado por varios tribunales y cortes de Latinoamérica. (shrink)

This paper aims at reconstructing Radbruch’s relativistic conception of law within the framework of a model of principles. The idea of relativism remains a disputed issue in current legal and moral philosophy. In spite of the fact that Radbruch’s legal philosophy lacks coherence, it includes elements that resemble modern conceptions of law as a system including principles to be balanced against each other. Therefore, a reconstruction within a model of principles might as well prove the fruitfulness of the model of (...) principles as render a more appropriate theoretical framework for Radbruch’s legal philosophy. After an outline of Radbruch’s relativism, I will discuss some critical points of his approach and, subsequently, present a reconstruction according to the model of principles, which makes plausible at least some of Radbruch’s contentions. (shrink)

According to Robert Alexy’s dual‐nature thesis, “law necessarily comprises both a real or factual dimension and an ideal or critical one.” I will suggest, first, that various dualisms need to be distinguished, in particular the empirical and the normative, the real and the ideal, the formal (procedural) and the substantive; second, that the dualism of the empirical and the normative and, within the latter, of the real and the ideal “ought,” is not specific to law but pertains to any normative (...) system; and, third, that a dualism that distinguishes law from morality is a dualism of formal and substantive principles, which also serves to explain the authoritative character of law. (shrink)

La teoría del derecho de Robert Alexy. Análisis y crítica es un libro escrito por el profesor Jan-R. Sieckmann, de la Universidad Friedrich-Alexander de Erlangen-Nürnberg, y publicado en la prestigiosa serie de teoría jurídica y filosofía del derecho de la editorial Universidad Externado de Colombia. El libro sistematiza un conjunto de trabajos que tratan sobre la conocida teoría del derecho...

It can be tempting to think of affect as a matter of the present moment – a reaction, a feeling, an experience or engagement that unfolds right now. This paper will make the case that affect is better thought of as not only temporally extended but as saturated with temporality, especially with the past. In and through affectivity, concrete, ongoing history continues to weigh on present comportment. In order to spell this out, I sketch a Heidegger-inspired perspective. It revolves around (...) two claims. The first is that we should understand what Heidegger calls 'Befindlichkeit' (findingness) as radical situatedness. Affectivity is a matter of 'finding oneself' constellated – thrown – into the world in ways that outrun what an individual or collective might grasp and process. The second claim is that the temporal dimension, as a relatedness to the past, takes precedence in affect's situatedness. Key to affect is the way in which the past continues to hold sway over present comportment, collectively and individually. In order to articulate this perspective, it is important to overcome the idea that affect must be understood mainly in terms of feeling or experiential states of other kinds. Better suited to grasp the idea of findingness is the concept of 'disclosive posture', as proposed by Katherine Withy. I suggest that this notion should be put at the fore of a phenomenological approach to situated affectivity. (shrink)

The paper examines the interplays between logic and politics in the Polish School of Logic starting from 1914. The Polish School of Logic flourished between 1920 and 1939. Philosophically, it was influenced by Kazimierz Twardowski (1866–1938). For Twardowski logic is fundamental for every kind of human activity, professional and private and this means that every argument should be formulated and proceed by correct inferential rules. These rules involve semiotics, formal logic and methodology of science. The paper shows how this position (...) was shared by Twardowski’s students, including Jan Łukasiewicz, Stanisław Leśniewski, Kazimierz Ajdukiewicz and Tadeusz Kotrabiński, as well as by the next generation of logicians and philosophers and especially by Alfred Tarski. These authors considered logic, philosophy and science as completely neutral with respect to politics and ideology but they also considered logical skills as indispensable in political activities. (shrink)

We introduce a cyclic proof system for the two-way alternation-free modal μ-calculus. The system manipulates one-sided Gentzen sequents and locally deals with the backwards modalities by allowing analytic applications of the cut rule. The global effect of backwards modalities on traces is handled by making the semantics relative to a specific strategy of the opponent in the evaluation game. This allows us to augment sequents by so-called trace atoms, describing traces that the proponent can construct against the opponent’s strategy. The (...) idea for trace atoms comes from Vardi’s reduction of alternating two-way automata to deterministic one-way automata. Using the multi-focus annotations introduced earlier by Marti and Venema, we turn this trace-based system into a path-based system. We prove that our system is sound for all sequents and complete for sequents not containing trace atoms. (shrink)

Higher-order logic, with its type-theoretic apparatus known as the simple theory of types (STT), has increasingly come to be employed in theorizing about properties, relations, and states of affairs—or ‘intensional entities’ for short. This paper argues against this employment of STT and offers an alternative: ordinal type theory (OTT). Very roughly, STT and OTT can be regarded as complementary simplifications of the ‘ramified theory of types’ outlined in the Introduction to Principia Mathematica (on a realist reading). While STT, understood as (...) a theory of intensional entities, retains the Fregean division of properties and relations into a multiplicity of categories according to their adicities and ‘input types’ and discards the division of intensional entities into different ‘orders’, OTT takes the opposite approach: it retains the hierarchy of orders (though with some modifications) and discards the categorisation of properties and relations according to their adicities and input types. In contrast to STT, this latter approach avoids intensional counterparts of the Epimenides and related paradoxes. Fundamental intensional entities lie at the base of the proposed hierarchy and are also given a prominent part to play in the individuation of non-fundamental intensional entities. (shrink)

By and large, the conditional connective in three-valued logic has two different functions. First, by means of a deduction theorem, it can express a specific relation of logical consequence in the logical language itself. Second, it can represent natural language structures such as "if/then'' or "implies''. This chapter surveys both approaches, shows why none of them will typically end up with a three-valued material conditional, and elaborates on connections to probabilistic reasoning.

International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...) considerations and desiderata for recognition by a future instrument. They are formulated at different levels of abstraction, from the big picture to technical details, seek to widen the perspective of preparatory reports and transcend the narrow debate about “neurorights” which overshadows many richer and more relevant aspects. These desiderata are not an exhaustive enumeration but a starting point for discussions about what deserves and what requires protection by an international instrument. (shrink)

Evidence-Based Medicine has little consideration for mechanisms and philosophers of science and medicine have recently made pleas to increase the place of mechanisms in the medical evidence hierarchy. However, in this debate the notions of mechanisms seem to be limited to 'mechanistic processes' and 'complex-systems mechanisms,' understood as 'componential causal systems'. I believe that this will not do full justice to how mechanisms are used in biological, psychological and social sciences and, consequently, in a more biopsychosocial approach to medicine. Here, (...) I propose, following (Kuorikoski, 2009), to pay more attention to 'abstract forms of interaction' mechanisms. The present work scrutinized review articles on depression and medically unexplained pain, which are considered to be of multifactorial pathogenesis, for their use of mechanisms. In review articles on these disorders there seemed to be a range of uses between more 'abstract forms of interaction' and 'componential causal system' mechanisms. I therefore propose to expand the notions of mechanisms considered in medicine to include that of more 'abstract forms of interaction' to better explain and manage biopsychosocial disorders. (shrink)

Niels Bohr and Philosophy of Physics: Twenty-First Century Perspectives examines the work, influences and legacy of the Nobel Prize physicist and philosopher of experiment Niels Bohr. While covering Bohr's groundbreaking contribution to quantum mechanics, this collection reveals the philosophers who influenced his work. Linking him to the pragmatist C.I. Lewis and the Danish philosopher Harald Høffding, it draws strong similarities between Bohr's philosophy and the Kantian way of thinking. Addressing the importance of Bohr's views of classical concepts, it discusses how (...) his interpretation of quantum mechanics now compares with a variety of issues that have arisen only since his lifetime, including decoherence and other non-collapse arguments. Balancing historical themes with contemporary ideas, Niels Bohrs and Philosophy of Physics reveals Bohr's on-going contribution to the philosophy of science and confirms his place in the history of philosophy. (shrink)

Kearns (2021) reconstructs Berkeley’s (1713) Master Argument as a formally valid argument against the Materialist Thesis, with the key premise the Distinct Conceivability Thesis, namely the thesis that truths about sensible objects having or lacking thinkable qualities are (distinctly) conceivable and as its conclusion that all sensible objects are conceived. It will be shown that Distinct Conceivability Thesis entails the Reduction Thesis, which states that de dicto propositional (ordinary or distinct) conceivability reduces to de re propositional (ordinary or distinct) conceivability. (...) While Kearns (2021) set out to avoid the confusion of a de re claim with a de dicto claim, which Prior (1955) accused Berkeley of, Kearns can be accused of making a similar conceptual confusion. (shrink)

Forms of understanding -- Understanding as organized beliefs -- On interpretation -- Representations -- Scientific explanation -- Causal explanations -- Other types of explanations -- The pragmatics of explanation -- Not just why-questions -- A rhetorical approach to explanation -- Pluralism and the unity of science.

Forms of understanding -- Understanding as organized beliefs -- On interpretation -- Representations -- Scientific explanation -- Causal explanations -- Other types of explanations -- The pragmatics of explanation -- Not just why-questions -- A rhetorical approach to explanation -- Pluralism and the unity of science.

A number of well-developed theories shed light on the question, under what circumstances our beliefs enjoy epistemic justification. Yet, comparatively little is known about epistemic defeat--when new information causes the loss of epistemic justification. This book proposes and defends a detailed account of epistemic defeaters. The main kinds of defeaters are analyzed in detail and integrated into a general framework that aims to explain how beliefs lose justification. It is argued that defeaters introduce incompatibilities into a noetic system and thereby (...) prompt a structured re-evaluation process that makes a justified reinstatement of the defeated belief impossible. The account is then applied to the topic of disagreement, where it is used in an argument for conciliationism, as well as a new explanation for higher-order defeat. Throughout the book, the notion of defeat is the center of attention, while a number of new issues are discussed at the intersections of defeat and justification. Specifically, new problems are raised for broadly internalist accounts of defeat, a fully descriptive reliabilist account of defeat is provided, and the case for normative defeat is revisited. (shrink)

This book maps the entire development of Comenius’s considerations on man, from his earliest writings to his philosophical masterwork. Although this book primarily offers an analysis and description of the conception of man in Comenius’s work, it may also serve the reader as a more general introduction to his philosophical conception. The author shows that, in spite of the fact that Comenius has received no small amount of academic attention, funded studies or monographs in English language remain in single figures. (...) Thus, a range of Comenius’s remarkable ideas are still unknown to the wider public. (shrink)

Wprowadzenie -- Roman ingarden -- Antoni kępiński -- Karol wojtyła -- Władysław stróżewski -- Józef tischner.

Introduction: what is a sentence? -- Slogans and other one-liners -- The poetic line -- Sentences terminable and interminable -- The democratic sentence -- Conclusion: the sentence fetish.

This book traces the development of the Polish theory of history, analyzing how Jerzy Topolski, Krzysztof Pomian, and Olga Tokarczuk have both built upon and transgressed the metahistorical theories of American historian Hayden White. By deconstructing and reconstructing contemporary theories of history, this research is a unique contribution to the fields of historiography and the philosophy of history.