The paper analyses economic evaluations by distinguishing evaluative statements from actual value judgments. From this basis, it compares four solutions to the value neutrality problem in economics. After rebutting the strong theses about neutrality (normative economics is illegitimate) and non-neutrality (the social sciences are value-impregnated), the paper settles the case between the weak neutrality thesis (common in welfare economics) and a novel, weak non-neutrality thesis that extends the realm of normative economics more widely than the other weak thesis does.

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research (...) of the last 25 years. (shrink)

Whereas geometrical oppositions (logical squares and hexagons) have been so far investigated in many fields of modal logic (both abstract and applied), the oppositional geometrical side of “deontic logic” (the logic of “obligatory”, “forbidden”, “permitted”, . . .) has rather been neglected. Besides the classical “deontic square” (the deontic counterpart of Aristotle’s “logical square”), some interesting attempts have nevertheless been made to deepen the geometrical investigation of the deontic oppositions: Kalinowski (La logique des normes, PUF, Paris, 1972) has proposed a (...) “deontic hexagon” as being the geometrical representation of standard deontic logic, whereas Joerden (jointly with Hruschka, in Archiv für Rechtsund Sozialphilosophie 73:1, 1987), McNamara (Mind 105:419, 1996) and Wessels (Die gute Samariterin. Zur Struktur der Supererogation, Walter de Gruyter, Berlin, 2002) have proposed some new “deontic polygons” for dealing with conservative extensions of standard deontic logic internalising the concept of “supererogation”. Since 2004 a new formal science of the geometrical oppositions inside logic has appeared, that is “ n -opposition theory”, or “NOT”, which relies on the notion of “logical bi-simplex of dimension m ” ( m = n − 1). This theory has received a complete mathematical foundation in 2008, and since then several extensions. In this paper, by using it, we show that in standard deontic logic there are in fact many more oppositional deontic figures than Kalinowski’s unique “hexagon of norms” (more ones, and more complex ones, geometrically speaking: “deontic squares”, “deontic hexagons”, “deontic cubes”, . . ., “deontic tetraicosahedra”, . . .): the real geometry of the oppositions between deontic modalities is composed by the aforementioned structures (squares, hexagons, cubes, . . ., tetraicosahedra and hyper-tetraicosahedra), whose complete mathematical closure happens in fact to be a “deontic 5-dimensional hyper-tetraicosahedron” (an oppositional very regular solid). (shrink)

When the original Dutch version of this book was presented in 1971 to the University of Leiden as a thesis for the Doctorate in philosophy, I was prevented by the academic mores of that university from expressing my sincere thanks to three members of the Philosophical Faculty for their support of and interest in my pursuits. I take the liberty of doing so now, two and a half years later. First and foremost I want to thank Professor G. Nuchelmans warmly (...) for his expert guidance of my research. A number of my most im portant sources were brought to my attention by him. During the whole process of composing this book his criticism and encouragement were carried out in a truly academic spirit. He thereby provided working conditions that are a sine qua non for every author who is attempting to approach controversial matters in a scientific manner, conditions which, however, were not easily available at that time. In a later phase I also came into contact with Professors L. M. de Rijk and J. B. Ubbink, with both of whom I had highly stimulating discussions and exchanges of ideas. The present edition contains some entirely new sections, viz. 1-9, IV-29, V-9, V-20, VII-14 (iii), (iv), VII-17 (i), VIII-22, IX-17, IX-19, X-9 and XI-8. Section X-9 was inspired by a remark made by Professor A. (shrink)

In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid argument.

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)

The author singles out various conceptions of rationality used in practical legal discourse: formal and substantive rationality, instrumental goal‐ and means‐rationality, communicative rationality. Practical rationality is expressed in decisions justified by epistemic and axiological premises according to the rules of justificatory reasoning. Five levels of analysis of this justification are identified. Rules, principles and evaluations are used as justifying arguments and their characteristics determine the dimensions of rationality of decision depending on the features of rules, various conceptions of principles, and (...) kinds of relativisation of evaluations. The dimensions of legal rationality depend mainly on three singled out conceptions of rationality, i.e., formal rationality dealing with the deep structure of justification, instrumentally oriented rationality as content of justifiability, and communicative rationality linked with the pragmatics of human interaction. Legitimacy, according to the presented analysis, appears as a subclass of external justification dealing with axiological premisses in terms of instrumental rationality and/or communicative rationality. (shrink)

Deontic logic is devoted to the study of logical properties of normative predicates such as permission, obligation and prohibition. Since it is usual to apply these predicates to actions, many deontic logicians have proposed formalisms where actions and action combinators are present. Some standard action combinators are action conjunction, choice between actions and not doing a given action. These combinators resemble boolean operators, and therefore the theory of boolean algebra offers a well-known athematical framework to study the properties of the (...) classic deontic operators when applied to actions. In his seminal work, Segerberg uses constructions coming from boolean algebras to formalize the usual deontic notions. Segerberg’s work provided the initial step to understand logical properties of deontic operators when they are applied to actions. In the last years, other authors have proposed related logics. In this chapter we introduce Segerberg’s work, study related formalisms and investigate further challenges in this area. (shrink)

This paper presents a specific concept of the legal system, bringing a contribution to the Theory of Law, from the line of analysis of the Semiotics of Law. The entire methodological approach of this concept is based on the contributions of the École de Paris, from a theoretical-semiotic perspective derived from the studies of Algirdas Julien Greimas. The analysis seeks to further and qualify previous studies and publications, and focuses on the task of presenting the concept of juridicity, deriving the (...) description of the concept of the legal system from it, understood as a set of connections between legal texts. Consequently, the paper presents a Mesh Model for the description of the legal system, replacing the positivist concept of the Pyramid Model, through restoring the relationship between Law and Moral, between Law and Society and Law and Justice. Throughout the theoretical explanation, the paper tries to trace, develop and qualify the main points with arguments that distinguish the operation of the legal system, such as the concentric movement, micro-universes of meaning, discursive practices, the task of legal actors, dynamic inter-textuality, the role of interpretation, the process of the production of legal meaning and the search for textual justice. (shrink)

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic linguistic reconstruction of Toulmin’s (...) model of argument. (shrink)