Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

Why should interpretation of conceptual schemes and practices across traditions work at all? In this paper we present the following necessary conditions of possibility for interpretation in comparative and Chinese philosophy: the interpreter must presuppose that there are mutually recognizable human practices; the interpreter must presuppose that “the other” is, on the whole, sincere, consistent, and right; the interpreter must be committed to certain epistemic virtues. Some of these necessary conditions are consistent with the fact that interpretation is not thwarted (...) by the “danger” of relativism or of incommensurability. Some other conditions are suggestive of reorientations of methodologies of comparative and Chinese philosophy. (shrink)

This paper examines how expertise is treated as a separable domain of epistemics by looking at simulated intensive care shift-handovers between resident physicians. In these handovers, medical information about a patient is transferred from an outgoing physician to an incoming physician. These handovers contain different interactional activities, such as discussing the patient identifiers, giving a clinical impression, and discussing tasks and focus points. We found that with respect to knowledge about the patient, the OPs display an orientation to a knowledge (...) imbalance, but with respect to procedures, reasoning, and activities, they display an orientation to a knowledge balance. We use ‘expertise’ to refer to this latter type of knowledge. ‘Expertise’ differs from, and adds to, how knowledge is often treated in epistemics in that it is concerned with professional competence or ‘knowing how’. In terms of epistemics, the participants in the handovers orient to a steep epistemic or knowledge gradient when it concerns the patient, while simultaneously displaying an orientation to a horizontal expertise gradient. (shrink)

This paper gives a logical characterization of the interrelation between law and morals. To this purpose it first outlines a logic for defeasible reasoning with rules and principles and illustrates the operation of this logic in the field of law. Then it offers a brief argument why law and morals are interrelated. This paper ends by showing how the logic for defeasible reasoning provides tools to logically characterize some aspects of the interrelation between law and morals.

While engineering ethics usually addresses the responsibility of engineers in rare cases of whistle blowing, the authors broach the question to what extent engineers can be held responsible in normal practice. For this purpose, they define the conditions under which individuals can be imputable as they prevail in ethics and common sense. From outcomes of science and technology studies research, the authors conclude that these conditions are seldom met in modern technoscientific research practice. By examining such practice in a case (...) study and comparing the results with perceptions of engineers on social responsibility as expressed in interviews, the authors are able to demonstrate that a change in structural characteristics of this practice, such as funding rules, stimulates engineers to attune the inner politics of science to wider societal policies and concerns, and it helps them to overcome the shifting of social responsibility to others as a consequence of the lack of agency they usually perceive. (shrink)

In the Netherlands, in 2002, euthanasia became a legitimate medical act, only allowed when the due care criteria and procedural requirements are met. Legally, an Advanced Euthanasia Directive can replace direct communication if a patient can no longer express his own wishes. In the past decade, an exponential number of persons with dementia share a euthanasia request with their physician. The impact this on physicians, and the consequent support needs, remained unknown. Our objective was to gain more insight into the (...) experiences and needs of Dutch general practitioners and elderly care physicians when handling a euthanasia request from a person with dementia. We performed a qualitative interview study. Participants were recruited via purposive sampling. The interviews were transcribed verbatim, and analyzed using the conventional thematic content analysis. Eleven general practitioners and elderly care physicians with a variety of experience and different attitudes towards euthanasia for PWD were included. Euthanasia requests appeared to have a major impact on physicians. Difficulties they experienced were related to timing, workload, pressure from and expectations of relatives, society’s negative view of dementia in combination with the ‘right to die’ view, the interpretation of the law and AEDs, ethical considerations, and communication with PWD and relatives. To deal with these difficulties, participants need support from colleagues and other professionals. Although elderly care physicians appreciated moral deliberation and support by chaplains, this was hardly mentioned by GPs. Euthanasia requests in dementia seem to place an ethically and emotionally heavy burden on Dutch GPs and elderly care physicians. The awareness of, and access to, existing and new support mechanisms needs further exploration. (shrink)

This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...) the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases.The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. (shrink)

Jaap Mansfeld’s _Studies in Early Greek Philosophy_ span the period from Anaximander to Socrates. General issues and particular problems of interpretation are tackled by a scrutiny of the sources, and of traditions of reception both ancient and modern.

Brouwer argued against a vision of the law in which moral considerations partly determine the contents of the law. He did this for moral reasons, mainly because of the uncertainty such a vision would cause. This seems a strange view because it means that the nature of the law would depend on moral considerations concerning legal certainty. Most of the present paper is devoted to exploring two conceptions of the law, law as social fact and law as practical reason. It (...) is argued that a view like Brouwer’s fits in the law as practical reason conception and is therefore not so strange as might seem at first sight. (shrink)

M.J. Langeveld (1905-1989) behoort tot de grootste Nederlandse pedagogen van de twintigste eeuw. Dit is de biografie van deze beroemde opvoedkundige, die tevens een gevreesde autoriteit was en een fenomenoloog van internationaal formaat.

The Athenian sophist Philostratus completed a romanticised biography of Apollonius of Tyana in the second or third decade of the third century A.D. One of the most striking aspects of the presentation of this firstcentury Pythagorean sage and miracleworker in the Vita Apollonii (VA) is his role as 'politically active philosopher'. Not only does the protagonist of the VA regularly intervene in situa-tions of conflict in Greek cities and instruct their citi-zens on how they ought to live together, but he (...) also appears in contact with Parthian and Indian kings and Roman emperors. The present study deals with this promi-nent facet of Philostratus' portrait of the Tyanean sage. There are three main issues. The first is the question of the extent to which the Apollonius tradition provided support for the image of the contacts of the protagonist of the VA with cities and monarchs. The second is consideration of how the author dealt with and elaborated these elements in his source material. The third is the question of to what extent the protagonist of the VA may be regarded as a spokesman for the explicit political views of Philostratus. In other words, the aim is to analyse the image of the protagonist of the VA as a 'politically active philosopher' as the result of the interaction between the traditions associated with a sage and miracleworker who was regarded as a representative of Pythagorean wisdom, on the one hand, and the paideia, cultural baggage and mentality of a sophist, on the other. (shrink)

This study investigates the methodology and tradition of Aëtius' Doxography of physics and provides a full reconstruction of Book II as a single unified text.

A new reconstruction and edition of the _Placita_ of Aëtius (ca. 50 CE), arguably the most important work of ancient doxography covering the entire field of natural philosophy. Accompanied by a full commentary, it replaces the seminal edition of Herman Diels (1879).

v. 1. The sources -- v. 2., pt. 2. The compendium -- v. 3. Studies in the doxographical traditions of ancient philosophy.

This article argues that it is possible to hold autonomous agents themselves, and not only their makers, users or owners, responsible for the acts of these agents. In this connection autonomous systems are computer programs that interact with the outside world without human interference. They include such systems as ‘intelligent’ weapons and self-driving cars. The argument is based on an analogy between human beings and autonomous agents and its main element asserts that if humans can be held responsible, so can, (...) in principle, autonomous agents, as humans are more like autonomous agents than is often assumed. (shrink)

This study investigated the relationship between the development of students? self-regulated learning and students? perceptions of the learning environment in terms of autonomy support, the emphasis on relevance and collaborative learning. In addition, we compared innovative learning environments that aim to enhance self-regulated learning with traditional learning environments. Questionnaires for measuring self-regulated learning and perceptions of the learning environment were administered by 648 students. Self-regulated learning was measured at the start of secondary education and again half way through the first (...) year. The results point to the importance of how students perceive the learning environment for self-regulated learning. There was a positive relationship between autonomy support and relevance and self-regulated learning. Furthermore, students in innovative environments perceived more autonomy support, more emphasis on relevance and more collaborative learning than those in traditional environments. Students in innovative environments, however, reported no more self-regulated learning than students in traditional environments. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.

Looking at objectivity in scientific practices from a rhetoric point of view, this paper focuses on three related strategies of objectification found in the early psychoanalytic situation (1901-1924): formalisation and purification of language, accumulation of symbolic capital, and social distancing. On the one hand, these strategies help empower psychoanalytic discourse while, on the other, they reduce its proponents at the same time to subjects of these strategies. The aim of the analysis is to look at the moment when this happens (...) and for this purpose focuses on the many transformations, adaptations and alterations in one of Freud's most popular and influential books, The Psychopathology of Everyday Life, and its subsequent editions, as a collective effort by Freud and his students to build a language of their own. In the conclusions, the question as to if and in what way an objectified discourse can be resisted is addressed. (shrink)

Overzicht van de ontwikkeling van het ideaal van de vrije mens in de westerse wereld.

Centraal in dit boek staat de vraag hoe wij bepaald worden door onze sociale orde en hoe wij er ook deels vrij van kunnen zijn. Het relationele proces waarin wij een individu worden - het separatie-individuatie-socialisatieproces - is de verbindingsschakel tussen individu en sociale orde. Door dit individuele proces in de geschiedenis van de filosofie te volgen, wordt duidelijk hoe onze autonomie historisch bepaald is en verwikkeld met onze maatschappelijke (on)vrijheid. Onze autonomie is een autonomie-in-verbondenheid. Het blijkt dat die verbondenheid (...) pas vrij recent verwoord kan worden in intersubjectieve termen. Deze intersubjectiviteit - deze 'relational turn' - kan een hoopvol perspectief bieden in een wereld waarin onze maatschappelijke vrijheid, onze individuele autonomie en onze leefwereld onder druk staan. Als wij beter in staat zijn de ander en onszelf als autonome met elkaar verbonden subjecten te (h)erkennen, zullen wij veiliger voor elkaar zijn en onze leefwereld veiliger voor ons. Door de intermezzo's, een weergave van gesprekken gebaseerd op jarenlange ervaring als psychiater en psychotherapeut, wordt op een indringende manier steeds weer de verbinding gelegd tussen de wereld van de theorie en de ervaring van onze psychische realiteit."--Page 4 of cover. (shrink)

Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.

Classroom discussion is frequently proposes as an essential part of democratic citizenship education. Literature, however, pays little attention to what kind of discussion is most effective and how teachers can facilitate a discussion. This study aims to contribute to the development of a framework for analysing the characteristics of classroom discussions and the different roles teachers can adopt in guiding a discussion on controversial issues. In addition, we investigated how the way teachers guide the discussion is related to the structure (...) and content features of the discussion. The framework was used to analyse five classroom discussions in secondary education. Our framework appeared to be useful for revealing differences in the structure and content features of the classroom discussions and in the way teachers guide the discussion. The results also indicated that a high degree of teacher regulation was related to high content quality and more participation from students. A high degree of stu... (shrink)

Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, (...) and is therefore unsuitable to deal with legal reasoning. A logic that is more suitable should take into account that law is a part of social reality, in particular a part that consists of constructivist facts, and that rules play a central role in law. This article gives a superficial description of how social reality exists and of the place of law and legal rules in it. It uses this description to argue that traditional techniques to reason with and about legal rules provide a better logic for law than classical logic. These techniques can be accommodated in a logic that treats rules as logical individuals. (shrink)

Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science is a social enterprise and this should be consid- ered in attempts to understand it. Based on these, a picture of doctrinal legal science is given consisting of parallel distributed constructions (...) of consistent, comprehensive and ex- pansive sets of legal beliefs. Given this, seeming weaknesses of doctri- nal legal science turn out to be actual strengths. (shrink)

A new assessment of the philosophical traditions Hippolytus depends on and of his method of presentation. This book deals with the reception of the Presocratics, Plato and Aristotle in the first centuries CE, and is a major contribution to our knowledge of the various currents in Pre-Neoplatonic Greek philosophy.