The theory of principles is multifaceted. Its initial expression contained an important argument against positivist theories of adjudication. As a legal theory, it fails in its effort to claim a structural difference between rules and principles. It also fails as a methodological theory that reduces adjudication to subsumption or balancing. It misunderstands itself when it is conceived as a doctrinal theory especially of fundamental rights. Its most promising aspect could be its contribution to a more comprehensive theory of legal argumentation.

How can technological development, economic development, and the claims from society be reconciled? How should responsible innovation be promoted? The “responsible social uses” approach proposed here was devised with these considerations in view. In this article, a support procedure for promoting responsible social uses is set out and presented. First, the context in which this procedure emerged, which incorporates features of both the user-experience approach and that of ethical acceptability in technological development, is specified. Next, the characteristic features of the (...) procedure are presented, that is, its purpose, fundamental orientation, and component parts as experimented by partners. Third, the RSU approach is compared with other support approaches and considered in term of how each approach assumes responsible innovation. Briefly, the RSU procedure is a way of addressing the issue of responsible innovation through an effective integration of social concerns. (shrink)

Argument is often taken to deal with conflicting opinion or belief, while negotiation deals with conflicting goals or interests. It is widely accepted that argument ought to comply with some principles or norms. On the other hand, negotiation and bargaining involve concession exchange and tactical use of power, which may be contrasted with attempts to convince others through argument. However, there are cases where it is difficult to draw a clear distinction between bargaining and argument: notably cases where negotiators persuade (...) others through `framing' and cases where the aims of negotiation have to do with public assertion and acceptance. Those cases suggest that the distinction between negotiation and argument is not absolute, and this raises the question whether rules about what is acceptable in argument and rules about what is acceptable in negotiation can all be viewed as instances of more general common norms about human interaction. (shrink)