Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material conditions of acceptability for the (...) final result. The procedural component of Aarnio’s theory formulates rules for the rationality of legal discussions. The substantial component specifies when the result of a legal interpretation can be called acceptable. Aarnio considers such a result acceptable if it is acceptable to a particular legal community in which there is consensus with respect to certain norms and values. (shrink)

In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, (...) it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one hand, and legal arguments as they occur in actual legal practice on the other hand. (shrink)

I propose a new way of understanding Kant’s doctrine of freedom. My reading seeks to combine features of two popular opposed lines of interpretation, namely, of metaphysical and anti-metaphysical readings. I defend the view that Kant’s idealist attempt to ‘save’ human freedom involves substantive metaphysical commitments. However, I show that this interpretation can fruitfully integrate important insights that are standardly associated with deflationary readings: first, the idea that for Kant freedom and natural necessity can be ascribed to one and the (...) same human being; and second, the idea that for Kant the belief in freedom and the belief in natural necessity belong to two different standpoints. (shrink)

I examine what Kant means when he appeals to different "standpoints". I argue that Kant seeks to contrast an empirical, anthropocentric standpoint with a normative, more than human standpoint. Against common interpretations, I argue that the normative standpoint is not confined to practical reason, since theoretical reason is concerned with what ought to be as well. Finally, I defend the coherence of Kant’s distinction against important objections.

Service learning provides many challenges and opportunities for the instructor who wishes to test its potential. This paper looks at some of the promise for service learning in the undergraduate Business Ethics course and describes one experience with this project. Quotations from student journals and reflective papers are utilized to present the student's perspective on the project. Some suggestions are offered for insuring effective service learning in courses like Business Ethics.

Many commentators hold that in addition to the categorical imperative of morality, Kant also posits an objective law of non-moral practical rationality, 'the' Hypothetical Imperative. On this view, the appeal to the Hypothetical Imperative increases the dialectical options that Kantians have vis-a-vis Humean skepticism about the authority of reason, and it allows for a systematic explanation of the possibility of non-moral weakness of will. I argue that despite its appeal, this interpretation cannot be sustained: for Kant the only objective, universally (...) valid a priori principle of practical reason that governs transcendentally free agents is the moral law. All non-moral practical rules are mere “precepts” that lack genuine objectivity, certainty, and intersubjective validity. I suggest that for Kant the rejection of the possibility of non-moral practical laws plays an important part in his argument for the supreme rational authority of moral norms over prudential precepts of happiness. (shrink)

In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique.

It is standardly assumed that, in Kant, “free agency” is identical to moral agency and requires the will or practical reason. Likewise, it is often held that the concept of “spontaneity” that Kant uses in his theoretical philosophy is very different from, and much thinner than, his idea of practical spontaneity. In this paper I argue for the contrary view: Kant has a rich theory of doxastic free agency, and the spontaneity in empirical thought (which culminates in judgments of experience) (...) is essentially the same sort of spontaneity found in the practical use of reason. Accordingly, the faculties of understanding and practical reason both possess genuine autonomy. (shrink)

I attempt to answer the question of what Aristotle's criteria for 'being a substance' are in the Categories. On the basis of close textual analysis, I argue that subjecthood, conceived in a certain way, is the criterion that explains why both concrete objects and substance universals must be regarded as substances. It also explains the substantial primacy of concrete objects. But subjecthood can only function as such a criterion if both the subjecthood of concrete objects and the subjecthood of substance (...) universals can be understood as philosophically significant phenomena. By drawing on Aristotle's essentialism, I argue that such an understanding is possible: the subjecthood of substance universals cannot simply be reduced to that of primary substances. Primary and secondary substances mutually depend on each other for exercising their capacities to function as subjects. Thus, subjecthood can be regarded as a philosophically informative criterion for substancehood in the Categories. (shrink)

In my paper I discuss belonging to a community as a lived experience aiming at interrogating with Hannah Arendt the dynamics of constituting or reshaping communities through action. The ungraspable »we« of communities allows for both constraining narratives and initiating new forms of belonging as a response to the need to belong. Acting together creates communities which can overturn the often painful experience of belonging to unbearable social units.

In this paper, I am arguing for hermeneutic responsibility in political judgment, as it can be attributed to Arendt’s work. Political judgment is reflective judgment relying on representation by imagination and therefore only has exemplary validity. Along the line of Arendt’s Lectures on Kant’s Political Philosophy, I point out her argument for a different generality in politics than the generality of concepts. This generality of political judgment always refers back to the particular. Only by this reference to the particular, namely (...) to facts and situations of direct interaction, can the spectator, who undertakes the political judgment, create the public realm where action takes place. However, this task attributed to the spectator also implies the task of reshaping the public realm. These acts of giving an account of and reconsidering all over again facts handed over by narration and testimony imply the hermeneutic responsibility to unceasingly retrieve factual truth which is rooted in direct interaction. (shrink)

In this essay, some approaches towards the interpretation of language in the early thought of Heidegger are discussed, especially in Being and Time. Heidegger’s language can be understood by pointing out that he saw life as the main interest of philosophy, and questioned philosophy with regard to how it can determine itself. In contrast to Heidegger’s later writings, language is not the primary issue of discussion in the earlier period of his thinking. Therefore, different approaches to language need to be (...) taken. Language can be understood by following the existential analysis of Dasein , namely the interpretation of Rede . Further, the interpretations of Heidegger on Aristotle need to be discussed. As the Greeks had no word for language, the misleading interpretations of logos, dominating the history of philosophy, had an influence on the theory of language. Finally, taking account of prudence as a way to discover beings, another view on language can be found. In this approach to an understanding of language in the early thought of Heidegger, the manner of thinking about language is different to later approaches through poetry. There are traces of thinking about language in Being and Time and Heidegger’s earlier lectures. However, first of all, they have to be found. (shrink)

« Le vieil original si intelligent, si fou » que Marcel Proust évoque à travers les autoportraits de Chardin, s'est-il dépeint lui-même sous le masque projectif du sage, dans l'un de ses tableaux les plus célèbres, le Philosophe du Louvre? Le maître de la nature morte, voulant s'élever dans la hiérarchie des rangs de I' Académie, a semble-t-il cherché, dans cette oeuvre de jeunesse, à suppléer à « son défaut d'instruction» dans «les humanités», par la représentation d'un personnage au goût (...) du jour, d'un moderne philosophe. Philosophe, Chimiste dans son laboratoire, Souffleur ou Philosophe occupé de sa lecture, le tableau du Louvre (1734) est-il un emblème? L'hypothèse retenue, que cette peinture donne figure à un philosophe chimiste et non à un charlatan ou à un alchimiste, se construit sur le rapprochement du tableau et du libelle anonyme intitulé Philosophe, mis en circulation d'après Voltaire dans les années 1730. (shrink)

ABSTRACT The Protestant Reformation in the sixteenth century fuelled heated debates about the nature and perception of spirits appearing to people. According to Protestant theology, apparitions of spirits were not souls of the dead but either diabolical illusions, natural phenomena, or ‘mere fantasies’ of a deluded mind. Swiss church minister Louis Lavater (1527–1586) emphasized that particularly melancholic people were prone to devilish deceits and thus inclined to imagine ghosts and other spirits. This paper traces the close connection between early modern (...) concepts of melancholy, imagination, and discourses on ghosts in then-normative perspectives before contrasting theological ideals and legal arguments raised in a 1681 Basel trial featuring an allegedly melancholic woman implicated in necromancy. This paper argues that scholarly discussions about imagination and melancholy regarding ghosts in Post-Reformation Switzerland were less concerned with ontological questions about the reality of ghostly phenomena than with possible sinful interactions with ghost, which in turn mirrored ideas about diabolical temptation. (shrink)

This essay is a contribution to a symposium on Anja Jauernig's excellent book, The World According to Kant. I discuss Jauernig's account of how Kant conceives the empirical reality of appearances.

This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and evaluation of pragmatic (...) argumentation in a decision of the Dutch Supreme Court. (shrink)

To many readers, it has seemed that Kant's discussion of the relation between practical and transcendental freedom in the Transcendental Dialectic is inconsistent with his discussion of the same relation in the Canon of Pure Reason. In this paper I argue for a novel way of preserving the consistency of Kant's view: in both the Dialectic and the Canon, 'transcendental freedom' requires the absence of determination by all natural causes, whereas 'practical freedom' requires the absence of determination by, specifically, sensuous (...) incentives. However, I argue that the defense of freedom presented in the Canon is abandoned by Kant in the Groundwork when he first develops his conception of the absolute purity of moral motivation. (shrink)

In this paper, the author describes a dialogical approach tolegal argumentation from the perspective of argumentationtheory. In a pragma-dialectical approach of legalargumentation, the argumentation is considered to be part of acritical discussion aimed at the rational resolution of thedispute. The author describes how a pragma-dialecticalanalysis and evaluation of legal argumentation can be carriedout.

I examine the extent to which God is inscrutable to human reason in Kant's critical philosophy. I argue that Kant's view here is much more radical than the rationalist commonplace that we cannot grasp how divine perfection is compatible with the existence of (apparent) imperfections. In Kant's considered view, we are absolutely incapable of accurately representing God's nature in any minimally determinate way: when we try to go beyond the empty idea of a mere 'something', we inevitably distort the nature (...) of God in an anthropomorphic fashion. The reason for this radical inscrutability of God is that our discursive intellect with its finite conceptual resources cannot capture the nature of a supremely perfect being. Our only way to form a legitimate, positive notion of God is by means of an analogy with the features that we objectively cognize in finite beings. (shrink)

In der 1970 gegründeten Reihe erscheinen Arbeiten, die philosophiehistorische Studien mit einem systematischen Ansatz oder systematische Studien mit philosophiehistorischen Rekonstruktionen verbinden. Neben deutschsprachigen werden auch englischsprachige Monographien veröffentlicht. Gründungsherausgeber sind: Erhard Scheibe (Herausgeber bis 1991), Günther Patzig (bis 1999) und Wolfgang Wieland (bis 2003). Von 1990 bis 2007 wurde die Reihe von Jürgen Mittelstraß mitherausgegeben.

In this article the author develops a framework for a pragma-dialectical reconstruction of teleological argumentation in a legal context. Ideas taken from legal theory are integrated in a pragma-dialectical model for analyzing and evaluating argumentation, thus providing a more systematic and elaborate framework for assessing the quality of teleological arguments in a legal context. Teleological argumentation in a legal context is approached as a specific form of pragmatic argumentation. The legal criteria that are relevant for the evaluation of teleological argumentation (...) are discussed and translated in terms of critical questions that are relevant for the evaluation of the various forms of teleological argumentation. (shrink)

In this contribution I characterize the role of the judge in the context of the argumentative activity of legal proceeding. I describe the role of the judge from a pragma-dialectical perspective and explain in which way this role promotes a rational resolution of the dispute. I specify how a critical discussion in accordance with the ideal model is implemented in legal procedure to accomplish the institutional point, a resolution of the dispute in accordance with the Rule of Law.

RESUMO A crítica de Hume ao contrato social admite um alcance para além do debate com o contratualismo de Locke: nosso autor tem em vista, sobretudo, desconstruir os princípios filosóficos que são a base da prática política dos Whigs. Uma vez que o contrato original organiza esses princípios, Hume se dedicará a analisá-lo em termos filosóficos e históricos, na tentativa de modernizar o pensamento político de sua época. ABSTRACT Hume's criticism of the social contract allows a range beyond the debate (...) with Locke's theory: our author aims mainly to deconstruct the philosophical principles that are the basis of the political practice of the Whigs. Since the original contract organizes these principles, Hume will be devoted to evaluating it in philosophical and historical terms, in an attempt to modernize the political thought of his time. (shrink)

There is an argument against abortion that should be rejected. It is the argument that abortion is the killing of an innocent human being, and since the killing of an innocent human being is immoral, abortion is therefore immoral. The major premise should be corrected to read: ?Generally speaking, the killing of innocent human beings is immoral'; for in some situations morality demands the killing of the innocent. Moreover, given the deep structure of English and the differences between unborn and (...) born progeny, the question of whether a human fetus is a human being is best answered in the negative. (shrink)

Een van de recente ontwikkelingen binnen evolutiepsychologie is het onderzoek naar evolutionaire esthetica, of darwinistisch geïnspireerd onderzoek naar de kwalitatieve beoordeling van natuurlijke en artificiële stimuli. Esthetica wordt in de westerse traditie echter traditioneel vanuit filosofisch en speculatief oogpunt benaderd. Ik illustreer de ontwikkeling van evolutionaire esthetica binnen een groter kader van wetenschappelijk en empirisch onderzoek, en argumenteer dat schijnbare tegenstellingen zoals deze tussen objectiviteit en subjectiviteit in esthetische oordelen geen stand houden. De kritieken die ten aanzien van evolutionaire esthetica (...) worden geuit, gaan verkeerdelijk uit van de vermeende onverzoenbaarheid van de filosofische en wetenschappelijke studie van esthetica. One of the more recent developments in the field of evolutionary psychology is research on evolutionary aesthetics, otherwise stated: darwinian inspired inquiries into qualitative judgements of natural and aesthetic stimuli. Western thought traditionally approaches aesthetics from a philosophical and conjectural point of view. I illustrate the development of evolutionary aesthetics within a broader framework of scientific and empirical research, and argue that apparent contrasts such as objectivity and subjectivity in aesthetic judgement do not turn out to be valid. Critiques of evolutionary aesthetics wrongly assume the conflicting nature of philosophical and evolutionary aesthetics. (shrink)