I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

Computational approaches to the law have frequently been characterized as being formalistic implementations of the syllogistic model of legal cognition: using insufficient or contradictory data, making analogies, learning through examples and experiences, applying vague and imprecise standards. We argue that, on the contrary, studies on neural networks and fuzzy reasoning show how AI & law research can go beyond syllogism, and, in doing that, can provide substantial contributions to the law.

Increasingly, palliative care is being referred to as an essential programme and in some cases as a human right. Once it is recognized as such, it becomes part of the lexicon of social justice in that it can be argued that all members of society should have access to such care. However, this begs the question of how that care should be enacted, particularly in rural and remote areas. This question illustrates some of Friedrich Hayek's critiques of social justice. Hayek (...) has likened social justice to a ‘moral stone’ arguing that social justice is meaningless to the extent that society is impersonal and as such cannot be just, only those individuals who make up that society can be just. When responsibility for justice is assigned to an impersonal society, ideas of social justice can become a clarion call for whom no one is directly accountable. This opens the door for questionable macro‐level political agendas that have no capacity to enact the ideal, and worse, may suppress individual moral acts towards the desired end. Further, acts of interference at the macro level with the ideal of equal opportunity run the risk of disadvantaging other members of society. Instead, he has argued that a better approach lies in finding ways to induce and support individual moral acts that promote the human good. Hayek's arguments are particularly compelling for rural palliative care. In this paper we draw upon data from an ethnographic study in rural palliative care to illustrate the potential misfit between the ethical ideal of palliative care as expressed by rural participants and the narratives of social justice. (shrink)

Save for Anthropologists, few social scientists have been among the participants in the discussions about the appropriate structure of a ‘Universal Darwinism’. Yet evolutionary theorizing about cultural, social, and economic phenomena has a long tradition, going back well before Darwin. And over the past quarter century significant literatures have grown up concerned with the processes of change operating on science, technology, business organization and practice, and economic change more broadly, that are explicitly evolutionary in theoretical orientation. In each of these (...) fields of study, the broad proposition put forth by Darwin that change proceeds through a process involving variation, systematic selection, renewed variation... has proved both persuasive and powerful. On the other hand, the evolutionary processes involved in these areas differ in essential ways from those we now know are operative in the evolution of biological species. The objective of this essay is to highlight those differences, which a ‘Universal Darwinism’ needs to encompass, if it is to be broad enough to be a theory that is applicable to the evolution of human cultures as well as evolution in biology. (shrink)

The fast recovery of Germany's economy after World War II—the so‐called “German miracle”—can be explained by the market‐oriented economic policies pursued in the 1950s, based upon the ideas of Ordoliberalism. The slounng growth rates and increasing economic difficulties since the 1970s seem to have resulted from the extension of interventionist and redistributionist policies beyond those sanctioned by Ordoliberalism. The roots of the German economic decline are political: already in the 1950s, a broad consensus existed about the need to integrate market‐oriented (...) economic policy with a highly redistributory welfare state in a “social market economy.”. (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the 'correctness' (...) of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

A themed issue on the work of Michael Oakeshott.

This article shows how the social sciences rejected hard determinism by the mid-twentieth century largely on the deontological basis that it is irreconcilable with social justice, yet this rejection came just before a burst of creative development in consequentialist theories of social justice that problematize a facile rejection of determinism on moral grounds, a development that has seldom been recognized in the social sciences. Thus the current social science view of determinism and social justice is antiquated, ignoring numerous common and (...) well-respected arguments within philosophy that hard determinism can be reconciled with a just society. We support this argument by briefly tracing the parallel development of stances on determinism in the social sciences and the deontological-consequentialist debate in philosophy. The article concludes with a brief consideration of deterministic consequentialist ethics, social justice, and the problems of egoism and altruism. (shrink)