In order to present a hopefully comprehensive framework of what is the stake of the growing use of robot soldiers, the paper focuses on: the different impact of robots on legal systems, e.g., contractual obligations and tort liability; how robots affect crucial notions as causality, predictability and human culpability in criminal law and, finally, specific hypotheses of robots employed in “just wars.” By using the traditional distinction between causes that make wars just and conduct admissible on the battlefield, the aim (...) is to clarify how advancement of military robotics technology is transforming a 2,000-year-old legal debate on the concept of “just war.” For the first time, legal systems will hold political authorities and military commissioners responsible for what an artificial soldier autonomously decides to do. The paper examines how the new scenario affects both principles of military conduct and notions of justice in resorting to war. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) that free entry into markets furthers such dispersion. As against the idea that the state is in a better position to disperse economic power, Pincione argues that the constitutional provisions needed to implement that idea are contestable, and to that extent require interpretive powers that themselves involve domination. Only a constitution that, as a side effect of its procedures for political decision making, generates full private property rights holds out hope of shielding citizens from domination. This is so, because a plurality of suppliers of goods and services is a structural feature of the free market, in a sense of “structural” that matters for measurements of domination based on fairly uncontroversial claims about persons and resources. (shrink)

Scholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of (...) conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations. (shrink)

Conceptualizing behavior decision theoretically as being ‘pulled’ (by an expected future) is fundamentally different from conceptualizing it as ‘pushed’ (or determined by past conditions according to causal laws). However, the fundamental distinction between teleological and non-teleological explanations not withstanding, decision-theoretic and evolutionary ‘ways of world making’ lead to strikingly similar forms of political, philosophical, and economic models. Common Hobbesian roots can account historically for the emergence of such a common ‘PPE’ outlook, while a game-theoretic framework of indirect evolution can accommodate (...) the fundamental methodological tension between teleological and non-teleological approaches or the ‘humanities’ and the ‘science’ traditions in PPE’s disciplines. (shrink)

Argues that reasons internalism, suitably understood, explains categorical reasons for us to cooperate with each other. The norms we then cooperate to satisfy can lie at the heart of legal systems, yielding unexpected implications in the philosophy of law.

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...) the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

I defend normative subjectivism against the charge that believing in it undermines the functional role of normative judgment. In particular, I defend it against the claim that believing that our reasons change from context to context is problematic for our use of normative judgments. To do so, I distinguish two senses of normative universality and normative reasons---evaluative universality and reasons and ontic universality and reasons. The former captures how even subjectivists can evaluate the actions of those subscribing to other conventions; (...) the latter explicates how their reasons differ from ours. I then show that four aspects of the functional role of normativity---evaluation of our and others actions and reasons, normative communication, hypothetical planning, and evaluating counternromative conditionals---at most requires our normative systems being evaluatively universal. Yet reasonable subjectivist positions need not deny evaluative universality. (shrink)

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

The settlements surrounding the Exxon Valdez oil spill prove to be an interesting case of retributive and corrective justice in regard to damage to the ecology of the commons, particularly in light of the recent Deepwater Horizon spill in the Gulf of Mexico. After reviewing the harm done to the ecology of Prince William Sound by the spill, and an account of Exxon Corporation’s responsibility, I examine the details of the litigation, particularly the Supreme Court decision in this matter. In (...) the early settlement, there is a clear disproportion between damage awards to plaintiffs representing the current economic users of Prince William Sound versus the trustees for the Sound’s commons. I argue that the disproportion reveals not only a thoroughly economic understanding of ecological commons, but bias in the treatment of its current economic users, as opposed to an understanding of such ecologies as true commons shared over generations. I argue that such biases fail reasonable moral tests and do not stand up to common principles of retributive justice. I end by suggesting a legal maneuver to correct such tendencies. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

My topic is the old debate between moral realists and moral expressivists. Although I will eventually adopt a Pyrrhonian position, as usual, my main goal is neither to argue for this position nor to resolve this debate but only to explore some new options that mix together realism and expressivism in various ways. Nothing that I say will be conclusive, but I hope that some of it will be suggestive.

Se cuestionan las dos conclusiones imputadas a la aplicación de la “paradoja escéptica de Wittgenstein” al derecho, tal como es desarrollada por S. Kripke. A saber, o bien la paradoja se aplica a la práctica del derecho y esta es indeterminada e imposible, o bien aquella es completamente irrelevante para la práctica del derecho y la reflexión filosófica sobre este. Se sugiere que la filosofía del derecho puede aceptar la relevancia de esta paradoja y obtener nuevos elementos a partir de (...) ella. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In my recent paper, “The Epistemology of Meat-Eating,” I advanced an epistemological theory that explains why so many people continue to eat animals, even after they encounter anti-factory farming arguments. I began by noting that because meat-eating is seriously immoral, meat-eaters must either (1) believe that eating animals isn’t seriously immoral, or (2) believe that meat eating is seriously immoral (and thus they must be seriously immoral). I argued that standard meat-eaters don’t believe that eating animals is seriously immoral because (...) either they don’t believe that meat-eating causes serious and systematic harm to farmed animals, or they believe that meat-eating causes serious and systematic harm to farmed animals, but they don’t believe that this harm is unnecessary. In a response titled “Are Meat-Eaters Epistemically Unlucky?”, Bob Fischer presents five objections to my epistemic theory. In this paper, I offer responses to each of Fischer’s thought-provoking objections and develop his insightful suggestion that, according to my epistemic theory, animal protectionists are victims of epistemic injustice. (shrink)

Philosophical tradition demands rational reflection as a condition for genuine moral acts. But the grounds for that requirement are untenable, and when the requirement is dropped morality comes into clearer view as a naturally developing phenomenon that is not confined to human beings and does not require higher-level rational reflective processes. Rational consideration of rules and duties can enhance and extend moral behavior, but rationality is not necessary for morality and (contrary to the Kantian tradition represented by Thomas Nagel) morality (...) cannot transcend its biological roots. Recognizing this helps forge a complementary rather than competitive relation between feminist care-based ethics and rationalistic duty-based ethics. (shrink)

In this study two strands of inferentialism are brought together: the philosophical doctrine of Brandom, according to which meanings are generally inferential roles, and the logical doctrine prioritizing proof-theory over model theory and approaching meaning in logical, especially proof-theoretical terms.

In The Uses of Argument, Stephen Toulmin proposed a model for the layout of arguments: claim, data, warrant, qualifier, rebuttal, backing. Since then, Toulmin’s model has been appropriated, adapted and extended by researchers in speech communications, philosophy and artificial intelligence. This book assembles the best contemporary reflection in these fields, extending or challenging Toulmin’s ideas in ways that make fresh contributions to the theory of analysing and evaluating arguments.

The volume analyses and develops David Makinson’s efforts to make classical logic useful outside its most obvious application areas. The book contains chapters that analyse, appraise, or reshape Makinson’s work and chapters that develop themes emerging from his contributions. These are grouped into major areas to which Makinsons has made highly influential contributions and the volume in its entirety is divided into four sections, each devoted to a particular area of logic: belief change, uncertain reasoning, normative systems and the resources (...) of classical logic. Among the contributions included in the volume, one chapter focuses on the “inferential preferential method”, i.e. the combined use of classical logic and mechanisms of preference and choice and provides examples from Makinson’s work in non-monotonic and defeasible reasoning and belief revision. One chapter offers a short autobiography by Makinson which details his discovery of modern logic, his travels across continents and reveals his intellectual encounters and inspirations. The chapter also contains an unusually explicit statement on his views on the role of logic in philosophy. (shrink)

Embedding ethics modules within computer science courses has become a popular response to the growing recognition that CS programs need to better equip their students to navigate the ethical dimensions of computing technologies like AI, machine learning, and big data analytics. However, the popularity of this approach has outpaced the evidence of its positive outcomes. To help close that gap, this empirical study reports positive results from Northeastern’s program that embeds values analysis modules into CS courses. The resulting data suggest (...) that such modules have a positive effect on students’ moral attitudes and that students leave the modules believing they are more prepared to navigate the ethical dimensions they’ll likely face in their eventual careers. Importantly, these gains were accomplished at an institution without a philosophy doctoral program, suggesting this strategy can be effectively employed by a wider range of institutions than many have thought. (shrink)

In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...) a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under property rights. (shrink)

In attempting to build intelligent litigation support tools, we have moved beyond first generation, production rule legal expert systems. Our work integrates rule based and case based reasoning with intelligent information retrieval.When using the case based reasoning methodology, or in our case the specialisation of case based retrieval, we need to be aware of how to retrieve relevant experience. Our research, in the legal domain, specifies an approach to the retrieval problem which relies heavily on an extended object oriented/rule based (...) system architecture that is supplemented with causal background information. We use a distributed agent architecture to help support the reasoning process of lawyers. (shrink)

The paper aims to explain different cases of disobedient institutional behavior using the attitude-based model. The issue of how to analyze and capture the faces of disobedience in a simple model is approached in three steps: first, misbehavior is defined as a certain lack in normative attitudes; second, these attitudes are distinguished in terms of normative acceptance and normative guidance; and third, combinations of these attitudes represent basic types of disobedience: opposing, transgressing and conforming. These three categories constitute an analytical (...) typology of disobedient agents compatible with the theory of social institutions. (shrink)

Feizi 韓非子 in terms of the concept of shi 勢 (circumstantial advantage, power, or authority). This argument is based on the A Critique of Circumstantial Advantage (Nanshi 難勢) chapter of the Hanfeizi, where Han Feizi advances his own idea of shi after criticizing both Shen Dao and an anonymous Confucian. However, there are other primary sources to contain Shen Dao’s thought, namely, seven incomplete Shenzi 慎子 chapters of the Essentials on Government from the Assemblage of Books (Qunshu zhi yao 群書治要) (...) and other fragments preserved in other Chinese texts. This article examines the Shenzi fragments in order to ask whether Shen Dao stresses the concept of shi. (shrink)

The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.

. Legal theory has so far focused exclusively on judicial activity, not on legislation. This is due to the specific legal framework of reasoning, upon which it is essential to act upon rules, wherever they come from. This form of legalism is criticized and replaced by weak legalism. Weak legalism makes it possible to detect the principles of legislation that underly the activity of the legislator. Legisprudence is the theory of these principles.

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

John Wilson; Concepts, Contestability and the Philosophy of Education, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 3–15, https://.

The idea that education should equip people to lead flourishing lives and help others to do so is now becoming salient in policy-making circles. Philosophy of education can help here by clarifying what flourishing consists in. This essay examines one aspect of this. It rejects the view that well-being goods are derivable from human nature, as in the theories of Howard Gardner and Edmond Holmes. It locates them, rather, as cultural products, but not culturally-relative ones, drawing attention to the proliferating (...) forms they have taken over the past three or four centuries. It looks to aesthetics and art criticism as a guide to a philosophical treatment of well-being goods more generally. It also takes off from aesthetics and art criticism in seeking to identify reliable authorities on the flourishing life. On this, it rejects elitist conceptions in favour of a more democratic model, emphasising its importance in education for citizenship. (shrink)

This article is a critical discussion of two recent papers by Michael Hand on moral education. The first is his ‘Towards a Theory of Moral Education’, published in the Journal of Philosophy of Education in 2014. The second is a chapter called ‘Beyond Moral Education?’ in an edited book of new perspectives on my own work in philosophy and history of education, published in the same year. His two papers are linked in that he applies the theory outlined in the (...) former to a critique in the latter of my views on education in altruism in a 1990 publication. I introduce this article by outlining the tradition of recent philosophical thought about moral education, beginning with that of Richard Peters, in which Hand is working. (shrink)

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

. The author conceives rules as action‐determining ideas. They are general and of hypothetical form, and they are of three semantic types: descriptive, technological, and normative rules. The most important categorisation of normative rules is the distinction between rules of behaviour and power‐conferring rules. Both kinds of rules are necessary to establish institutions. Principles are a special kind of normative rules. The social existence of normative rules is connected with their institutionalisation as frames for action. The dynamics of rules is (...) in principle based on two elements: on socially approved habit, and/or on authorised norm creation. (shrink)

This paper examines how the Barthesian difference between écrivains et écrivants can help analyse H.L.A. Hart’s Open Texture of the law. By comparing literary and judicial interpretation, one is able to better understand how lawyers, judges, and legislators can better interpret, use, and draft legislation and case law. In using concrete examples of legislation with regard to the phrase “cruel and usual”, this paper evaluates different interpretive techniques, uncovering key differences. In particular, it compares what implications the Death of the (...) Author would have on legislation that may be considered as vague, or open-ended. Could this mean the Death of the Legislator? What kind of impact may this have on a democracy’s authority? Ultimately, it is suggested that Barthe’s interpretive literary theories are undesirable when it comes to deciphering legislation. Indeed, more concrete and structured approaches are needed. (shrink)

This essay examines views of convention advanced by David Lewis and Margaret Gilbert.

This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...) and (4) Alexy's case for the "Radbruch formula": that "extreme injustice is not law”. While rejecting both versions of the case for legal idealism, I argue that both schools offer vaulable, and broadly similar, insights into what makes a legal system morally legitimate. (shrink)

ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic instances, (...) forgiving alters the operative norms bearing on the interaction between the victim and the wrongdoer in certain characteristic ways. My project here is, first, to clarify the ways that paradigmatic cases of forgiveness alter the norms of interaction between victim and wrongdoer and to argue that it is in this respect that forgiveness is a normatively significant feature of our moral responsibility practices. Second, I show that most extant theories of forgiveness fail to explain the characteristic ways in which forgiving alters norms. Th... (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ score continuously improved (...) from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...) episode schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure. (shrink)

Patrick D Walsh; Open and Loaded Uses of ‘Education’—and objectivism, Journal of Philosophy of Education, Volume 22, Issue 1, 30 May 2006, Pages 23–35, https://.

This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible (...) argument is fallacious or not. It is shown that three leading violations of proper dialog standards for defeasible reasoning necessary to see how fallacies work are: (a) improper failure to retract a commitment, (b) failure of openness to defeat, and (c) illicit reversal of burden of proof. (shrink)

The recent redefinition of 'planet' that excludes Pluto as a planet led to controversy that provides a case study of how competing scientific definitions can be supported by characteristic types of evidence. An argumentation scheme from Hastings is used to analyze argument from verbal classification as a form of inference used in rational argumentation. The Toulmin-style format is compared to more recently developed ways of modeling such cases that stem from advances in argumentation technology in artificial intelligence. Using these tools, (...) it is shown how argumentation schemes, in particular argument from verbal classification and argument from definition to verbal classification, apply to cases of scientific argumentation. (shrink)

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

In order to design and implement electronic institutions that incorporate norms governing the behavior of the participants of those institutions, some crucial steps should be taken. The first problem is that human norms are (on purpose) specified on an abstract level. This ensures applicability of the norms over long periods of time in many different circumstances. However, for an electronic institution to function according to those norms, they should be concrete enough to be able to check them run time. A (...) second problem is that norms describe which behavior is desirable and permitted, but not how this is achieved in an institution. In the “real world" regulations often indicate procedures for implementing and enforcing the law. Likewise we should devise means to annotate the norms with practical aspects such as enforcement mechanisms, sanctions, etc. in order to get requirements for an institution that will enforce norms (by either constraining behavior within the norms or reacting to violation of the norms). The choice of which kind of mechanism is chosen is not a normative one, but usually based on criteria of efficiency and/or feasibility of the mechanism. In this paper we present our view on how to approach these problems and other related issues to be solved in order to develop e-institutions capable to operate in complex, highly regulated scenarios. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

. Gustav Radbruch is one of the most important German-speaking philosophers of law of the twentieth century. This paper raises the question of how to classify Radbruch's theories in the international context of legal philosophy and philosophy in general. Radbruch's work was mainly influenced by the southwest German school of Neo-Kantianism, represented by Windelband, Rickert, and Lask. Their theories of culture and value show an affirmative-holistic understanding of philosophy as a source of wisdom and meaningfulness. Kant, on the other hand, (...) belongs more to a fundamentally different, critical camp of philosophy. Although Radbruch has incorporated Kantian Elements into his theory, he is rather a member of the affirmative-holistic camp. In the end the question will be raised as to what ought to be preserved of his philosophy. (shrink)

How do journalists sort out the tangle of legal rights and ethical responsibilities in their everyday news work? A survey of 1,037 journalists and in-depth interviews with 22 others, found substantial evidence for 3 models of the relation of law and ethics: a Separate Realms model, a Correspondence model, and a new "Responsibility Model" in which the law is considered in problematic situations but only as one of several considerations in what is essentially an ethical decision. The findings have implications (...) for the maintenance of generous levels of First Amendment freedom news media currently enjoy. (shrink)

There is a growing interest in how people conceptualise the legal domain for the purpose of legal knowledge systems. In this paper we discuss four such conceptualisations (referred to as ontologies): McCarty's language for legal discourse, Stamper's norma formalism, Valente's functional ontology of law, and the ontology of Van Kralingen and Visser. We present criteria for a comparison of the ontologies and discuss the strengths and weaknesses of the ontologies in relation to these criteria. Moreover, we critically review the criteria.