Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we can (...) comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds (...) particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflexion on the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a theory from the beginning involves the integration of a norm‐descriptive point of view and (...) intellectual standpoint with the norm‐ prescriptive theory of law, by way of complementing each other, as it were (multilevel approach to law). This, at least, appears to be the only way of also clarifying the relationship between legal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Both Michael Oakeshott and Carl Schmitt were deeply preoccupied with what Oakeshott called ‘the experience of living in a modern European state’; both felt that the state's proper origins and trajectory had not been grasped, that proper statehood had profoundly been put into doubt in the twentieth century, and that state authority and legitimacy needed to be shored up in an age of ‘mass politics’. Not surprisingly, then, both developed their conception of political association with and sometimes against Hobbes. (...) Both profoundly disagreed with conventional readings of Hobbes as propounding a materialist or ‘scientistic’ philosophy. Most importantly, both consistently de‐emphasized, or entirely discounted, Hobbes's contractualism – they cut off any possible route from Hobbes's thought to liberal theories of explicit or tacit consent. Instead, both stressed a concern with the cultural preconditions of political order. Oakeshott's civil association turned out to be an idealized picture of modern European individualism as a unique civilizational achievement that sustained a very limited state whose authority could only be acknowledged, rather than contested. Schmitt, on the other hand, advocated a deeply authoritarian fusion of political and religious elements, a sort of neo‐Erastian dictatorship as the solution to the problem of political order. Idiosyncratic as these visions might appear, they in fact sum up two ways of thinking about political order still prevalent today: the notion that liberal democracy is only for the West; and the idea that, ultimately, political cohesion depends on a shared religious mentality. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, (...) on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

This article has two purposes. First, it aims to present a detailed analysis of the argument of “recognition” or even of the “fight for recognition”, which Hegel uses in his fragments from Jena treating of the system of philosophy, especially of the philosophy of spirit. It will be necessary to determine precedently by means of an exact interpretation the content of that expressions, in order to criticize and to compare, his original significance in Hegel with the theoretical application (...) made by Honneth. The special aim hereby is to correct and to explain the function of the “fight for recognition”, even in its sharpening significance as a “fight for life and death”, with relation to the genesis of the state of right. Second, the figure of “recognition” is related to Hegel’s Philosophy of right in the version of 1820. In this work, recognition participates in the theory of “institutions” which is analyzed by Honneth as well. Apart from the merits gained through the endeavour to introduce a classic philosophical theory into a conception of justice in society, we feel obliged to state an error in Honneth‘s interpretation in so far as he understands an institution as a simple social community of communication. For that reason, a conclusion based on a critical commentary can only include a negative recommendation, that means, not to follow those traces of interpretation but rather to defend and to consult the texts originally composed by Hegel. (shrink)

Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental (...) law, and human rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law. (shrink)

The International Panel on Social Progress is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. The IPSP has produced a report consisting of twenty-two chapters in three volumes that distills the research of these scholars and outlines what the best social science has to say about positive social change. Written in accessible language by scholars across the social sciences and humanities, these (...) volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. The authors offer a cautious optimistic conclusion: multiple ideas for social progress and better policies are already available and deserve to be tested and implemented. (shrink)

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism (...) and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

This volume contains a selection of nine essays with an interdisciplinary perspective. They were originally presented at the Sixth International Conference on Word and Music Studies, which was held at Edinburgh University in June 2007 and was organized by the International Association for Word and Music Studies (WMA). The contributions to this volume focus on self-reference in various systematic, historical and intermedial ways. Self-reference - including, as a special case, metareference (the self-conscious reflection on music, literature and (...) other medial concerns) - is explored, among others, in instrumental music by Mozart, Mahler and Satie, in the structure and performance of (meta-)operas, in operatic adaptations of drama and filmic adaptations of opera, as well as in intermedial novelistic references to music. The essays cover a historical range from the 18th century to the present and are of interest to literary and opera scholars and students, musicologists as well as all readers generally interested in medial self-reference and intermediality studies. (shrink)

There is a widespread sense that intermediary institutions which made representative democracy function ever since the nineteenth century—political parties and free media—are presently undergoing profound structural transformations. We partly have trouble judging those transformations—will they destroy or strengthen democracy?—because we lack a set of clear normative standards for intermediary powers. The article suggests such standards: institutions should be accessible, accurate, autonomous, assessable, and accountable. A precondition for these attributes to be realized is financial transparency and the empowerment of citizens other (...) than the owners of concentrated wealth to influence intermediary powers. Accordingly, the article also endorses a scheme to put financing into the hands of citizens themselves via a voucher scheme for both political parties and media. (shrink)

This is the first of three volumes containing a report from the International Panel on Social Progress. The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible (...) futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as economic inequality and growth, finance and corporations, labor, capitalism, and social justice. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

This is the third of three volumes containing a report from the International Panel on Social Progress. The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible (...) futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as world cultures and religions, families, global health, education, and the contributions of social sciences to institutional change. (shrink)

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds -- like Kelsen -- that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism (...) and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

Although'Otherness' is an extremely common phenomenon in every society, related research is still at its beginnings.'Otherness' in the Middle Ages is a versatile and complex theme that covers a great number of different aspects, facets, and approaches: from non-human monsters and cultural strangers from remote places up to foreigners from another country or another town; it can refer to ethnic, cultural, political, social, sexual, or religious'Otherness', inside or outside one's own community. In any case, however,'Otherness' is a subjective phenomenon (...) depending on personal views and ascriptions, an issue of'imagination' and experience rather than'reality'. There is neither one single model of alterity nor is'Otherness' a stable phenomenon, but it changes over time and according to the cultural context. All this calls for methodological reflection and needs thorough investigation.00The methodological introduction and the 18 contributions of this volume demonstrate the great diversity of the theme and its different manifestations and perspectives. They tackle the problem from distinct angles and disciplines (history, art history, archaeology, literary history, and philology) in a wide chronological and thematic frame, using different methodological approaches, dealing with different areas (from Northern and Southern Europe to Byzantium and India), perspectives (including law, social order, the past, a sea), and diverse kinds of sources. They examine all kinds of'Otherness' mentioned above, highlight demarcation and rejection, aversion or acceptance, assimilation and integration, thus relativizing a strict dichotomy between'the Self' and'the Other' or between inside and outside. This volume is so far the most comprehensive attempt to tackle the huge problem of'Otherness' in the Middle Ages. (shrink)

This book argues that Michael Oakeshott's political philosophy contributes to current debates in normative international theory and international political theory on the historical, social, and moral dimension of international society. Davide Orsi contends that the theory of civil association may be the ground for an understanding of international society as a rule-based form of moral association constituted by customary international law. The book also considers the role of evolving practices of morality (...) in debates on international justice. Orsi grounds this work on a study of Oakeshott's philosophical arguments and compares the Oakeshottian perspective to recent constructivist literature in International Relations. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. (...) This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

Did Chinese mysticism vanish after its first appearance in ancient Taoist philosophy, to surface only after a thousand years had passed, when the Chinese had adapted Buddhism to their own culture? This first integrated survey of the mystical dimension of Taoism disputes the commonly accepted idea of such a hiatus. Covering the period from the Daode jing to the end of the Tang, Livia Kohn reveals an often misunderstood Chinese mystical tradition that continued through the ages. Influenced by but (...) ultimately independent of Buddhism, it took forms more various than the quietistic withdrawal of Laozi or the sudden enlightenment of the Chan Buddhists. On the basis of a new theoretical evaluation of mysticism, this study analyzes the relationship between philosophical and religious Taoism and between Buddhism and the native Chinese tradition. Kohn shows how the quietistic and socially oriented Daode jing was combined with the ecstatic and individualistic mysticism of the Zhuangzi, with immortality beliefs and practices, and with Buddhist insight meditation, mind analysis, and doctrines of karma and retribution. She goes on to demonstrate that Chinese mysticism, a complex synthesis by the late Six Dynasties, reached its zenith in the Tang, laying the foundations for later developments in the Song traditions of Inner Alchemy, Chan Buddhism, and Neo-Confucianism. (shrink)

There are many things that philosophy of biology might be. But, given the existence of a professional philosophy of biology that is arguably a progressive research program and, as such, unrivaled, it makes sense to define philosophy of biology more narrowly than the totality of intersecting concerns biologists and philosophers (let alone other scholars) might have. The reasons for the success of the “new” philosophy of biology remain poorly understood. I reflect on what Dutch and Flemish, (...) and, more generally, European philosophers of biology could do to improve the situation of their discipline locally, regionally, and internationally, paying particular attention to the lessons to be learned from the “Science Wars.”. (shrink)

For the first time, full coverage of the intersections of philosophy and law From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophicolegal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: *The modes (...) of knowing and the kinds of normativity used in the law *Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications *Current legal cultures-such as common law and civilian, European, and Aboriginal *Influential jurisprudents and their biographies *All influential schools and methods Coverage of all major historical, cultural, and geographical settings for legal philosophy A thorough understanding of any legal issue necessitates an acquaintance with its antecedents and its corollaries. Thus, added to the consideration of other current legal cultures outside of North America are treatments of other periods significant to legal thinking, such as the Hellenistic, Sixteenth-century, or Federalist. Discussion of the practice of legal philosophy today In every major area where public policy gives rise to philosophical inquiry regarding the law, debates and discussions are covered in full: tort reform, protection of life and death, gay rights, objectives in punishment, non-putative detention, international deterrence, legitimacy of government. And the historical and international dimensions of these issues-how they are resolved in other times and places-are not lost. Contributions from prominent legal and philosophical scholars from around the world The international array of more than 300 contributors from over forty countries complements the volume's international scope. With many contributors being forces in the very debates they write of, some fifty percent of them work in the law-as judges, jurists or jurisprudence-and another half are philosophers in the social sciences and humanities. Their work spans the practice that is taken for philosophy of law today. Special features *Contributions of more than 300 international scholars from more than 40 countires *Extensive bibliographies at the end of each entry *Detailed subject guide for easy access to the main topics covered *Comprehensive, analytical index. (shrink)

The Information Artifact Ontology (IAO) was created to serve as a domain‐neutral resource for the representation of types of information content entities (ICEs) such as documents, data‐bases, and digital im‐ages. We identify a series of problems with the current version of the IAO and suggest solutions designed to advance our understanding of the relations between ICEs and associated cognitive representations in the minds of human subjects. This requires embedding IAO in a larger framework of ontologies, including most importantly the Mental (...) Func‐tioning Ontology (MFO). It also requires a careful treatment of the aboutness relations between ICEs and associated cognitive representa‐tions and their targets in reality, which implies in turn a new treatment of the relation of truthmaking. (shrink)

This paper argues that institutions are higher-level autonomous systems enacted by patterns of participatory sense-making. Therefore, unlike in the standard equilibrium theory, institutions are not themselves thought of as behavioural patterns. Instead, they are problem domains that these patterns have brought forth. Moreover, these are not merely any patterns, but only those devoted to maintaining a specific strategy of problem solving, called the strategy of ‘letting be’. The latter refers to, following Hanne de Jaegher, a balance between underdetermination and overdetermination (...) of individual behaviour by a collective. Such an understanding of institutions becomes an option once a hybrid ‘equilibrium + rules’ theory of institutions, such as the one proposed by Frank Hindriks, is supplemented with insights from enactivism. In this light, drawing a connection between these two areas is the additional, meta-theoretical goal of this paper. This connection is beneficial, I argue, in particular since it allows for a satisfactory, in-depth account of the normative character of institutions as well as their local character. (shrink)

This is the first of two articles in which I reflect on “generalized Darwinism” as currently discussed in evolutionary economics. I approach evolutionary economics by the roundabouts of evolutionary epistemology and the philosophy of biology, and contrast evolutionary economists’ cautious generalizations of Darwinism with “imperialistic” proposals to unify the behavioral sciences. I then discuss the continued resistance to biological ideas in the social sciences, focusing on the issues of naturalism and teleology. In the companion article (Callebaut, Biol Theory (...) 6. doi: 10.1007/s13752-013-0087-1, 2011, this issue) I assess generalized Darwinism, concentrating on the roles of theory and model building, generative replication, and the relation between selection and self-organization; and I point to advances in biology that promise to be more fruitful as sources of inspiration for evolutionary economics than the project to generalize Darwinism in its current, “hardened Modern Synthesis” form. (shrink)

The Joint International Conference on Logic Programming, sponsored by the Association for Logic Programming, is a major forum for presentations of research, applications, and implementations in this important area of computer science. Logic programming is one of the most promising steps toward declarative programming and forms the theoretical basis of the programming language Prolog and its various extensions. Logic programming is also fundamental to work in artificial intelligence, where it has been used for nonmonotonic and commonsense reasoning, expert (...) systems implementation, deductive databases, and applications such as computer-aided manufacturing. Krzysztof R. Apt is project leader at the Centre for Mathematics and Computer Science in Amsterdam and part-time Professor in Computer Science at the University of Amsterdam. Topics covered: Theory Foundations. Programming Languages. Implementation. Programming Methodologies and Tools. Applications. Deductive Databases. Artificial Intelligence. Parallelism. (shrink)

Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and (...) state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected. (shrink)

This is the second of two articles in which I reflect on “generalized Darwinism” as currently discussed in evolutionary economics. In the companion article (Callebaut, Biol Theory 6. doi: 10.1007/s13752-013-0086-2, 2011, this issue) I approached evolutionary economics from the naturalistic perspectives of evolutionary epistemology and the philosophy of biology, contrasted evolutionary economists’ cautious generalizations of Darwinism with “imperialistic” proposals to unify the behavioral sciences, and discussed the continued resistance to biological ideas in the social sciences. Here I assess (...) Generalized Darwinism as propounded by Geoffrey Hodgson, Thorbjørn Knudsen, and others, concentrating on the roles of theory and model building in science (and the roles of analogy and metaphor therein), generative replication, and the relation between selection and self-organization. I then point to advances in current biology that promise to be more fruitful as sources of inspiration for evolutionary economics than the project to generalize Darwinism in its current, “hardened Modern Synthesis” form; and I draw some conclusions. (shrink)

Friedrich Nietzsche has emerged as one of the most important and influential modern philosophers. For several decades, the book series Monographien und Texte zur Nietzsche-Forschung (MTNF) has set the agenda in a rapidly growing and changing field of Nietzsche scholarship. The scope of the series is interdisciplinary and international in orientation reflects the entire spectrum of research on Nietzsche, from philosophy to literary studies and political theory. The series publishes monographs and edited volumes that undergo a strict peer-review (...) process. The book series is led by an international team of editors, whose work represents the full range of current Nietzsche scholarship. (shrink)

Stance-independent nonnaturalist moral realism is subject to two related epistemological objections. First, there is the metaethical descendant of the Benacerraf problem. Second, there are evolutionary debunking arguments. Standard attempts to solve these epistemological problems have not appealed to any particular moral epistemology. The focus on these epistemologically neutral responses leaves many interesting theoretical stones unturned. Exploring the ability of particular theories in moral epistemology to handle these difficult epistemological objections can help illuminate strengths or weaknesses within these theories themselves, as (...) well as opening up potentially unexplored avenues for responding to deeply entrenched concerns about our epistemic access to the moral properties. In this paper, I assess the prospects of an empiricist and perceptualist model of moral knowledge for responding to epistemological arguments against non-skeptical moral realism. I argue that such a view has powerful responses to these objections that are not open to other moral epistemologists. The upshot is that if some version of the view is correct, then the realist has less to fear from Benacerraf and evolutionary debunking–style epistemological objections. Insofar as one is already a committed realist, then, this provides some indirect support for moral perceptualism. (shrink)

Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on the dialectical method (...) used to investigate the content and legal foundations of freedom of speech, synthesis, analysis, and comparative legal method. The results obtained provide an opportunity to analyse the state of national legislation in the sphere of implementation and protection of the right to freedom of expression, as well as to identify the largest gaps in this sphere and their subsequent resolution. The investigation of international legal experience and a comparative analysis allow identifying a significant difference between the legislations of countries with a high index of press freedom and freedom of speech, and Kazakhstan. This research is of critical importance for the development of the human rights and freedoms protection sector, as well as journalism, especially given the current situation in the Republic associated with strict state control over the activities of the media, the inability to express and publicly broadcast opinions and ideas that are unfavourable for the ruling circles. (shrink)