This paper defends the knowledge rule of informative speech acts. It is argued that Edward Craig's insightful practical explication of the concept of knowledge can be extended to motivate the knowledge rule. A number of problem cases for the knowledge rule are addressed and accommodated.

Simon Blackburn puts forward a compelling original philosophy of human motivation and morality. He maintains that we cannot get clear about ethics until we get clear about human nature. So these are the sorts of questions he addresses: Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers in an exploration of guilt, shame, disgust, and other moral emotions; he draws (...) also on game theory and cognitive science in his account of the structures of human motivation. Many philosophers have wanted a naturalistic ethics a theory that integrates our understanding of human morality with the rest of our understanding of the world we live in. What is special about Blackburn's naturalistic ethics is that it does not debunk the ethical by reducing it to the non-ethical. At the same time he banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions sets ethics in the context of human nature: it offers a solution to the puzzle of how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control. (shrink)

The title of this rich, wide-ranging, and rewarding book alludes both to the idea that passions rule, and to the thought that we rule our passions. Blackburn offers a conception of both, one broadly in the spirit of Hume and Adam Smith.

This project is a philosophical analysis of the practice of bioethics consultation---what might be called the philosophy of bioethics. It assesses claims made about the purposes and appropriate aims of the field, in order to establish whether an identifiable conceptual unity underlies the practice. The conclusion is that no such unity exists. ;The project begins by assessing the history of the field, in the hope that a historical analysis will explain why the field arose at all, which reason (...) could then be used as a basis for claiming a particular purpose for bioethics consultation. However, it becomes clear that history has bequeathed diverse and sometimes conflicting goals to bioethics consultation. History suggests that the field exists both as a service to physicians and as a service to patients, though the interests of these two parties may be in tension. ;This work also assesses contemporary accounts of bioethics consultation and shows that they are radically divergent and incommensurable, in addition to often being too vague to guide the practice. An investigation of possible philosophical arguments regarding bioethics consultation also fails to disclose a single coherent foundation for the field. The project ends with a conceptual geography of twelve possible roles a bioethics consultant may play, and finds that though some are in tension, none may be ruled out of court on independent grounds in the absence of an overarching account of the appropriate aims of the field. ;What this project demonstrates is that there is no conceptual unity underlying the practice of bioethics consultation. Instead, the enterprise must be understood as comprised of a plurality of roles serving a diversity of purposes and a heterogeneity of goods with no single uniting purpose. (shrink)

First published in 1865, this book puts forth a new ethical system that aims to provide practical guidance on how to live a good life based on reason, empathy, and social responsibility. The author argues that traditional religious and philosophical systems have failed to keep up with the changing social and economic conditions of modern life and proposes a set of principles that are grounded in the needs and aspirations of ordinary people. The book covers a wide range of topics, (...) including work, family, education, politics, and the environment. A thought-provoking read for anyone interested in ethics and social justice. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The attention to the deductive method began with Imam Al-Ash’ari and the establishment of the rules of theorizing from the first moment of the emergence of the Ash’ari school of thought at the hands of the founder of the school of thought, Abu Al-Hasan Al-Ash’ari, and the scholars who followed after him who wrote theological works. This reflects the great care of the Ash’arism in rooting and theorizing the methods of theory, and setting the methodological rules of reasoning, (...) so he dealt with The research examines the most important comprehensive theological rules through which the Ash’ari reasoned in the doctrinal issues on which Ash’ari theological thought was founded, taking into account the extent of stability or change that occurred in some of these rules along the path of the Ash’ari doctrine. The aim of this study was to answer an important methodological question in formulating the verbal thinking curriculum: It is: What is the impact of comprehensive verbal rules in achieving intellectual consistency and methodological consistency in the theory of verbal reasoning according to the Ash’arism between theory and application? The answer to the nature of this research required delving into the journey of exploring the idea of comprehensive verbal grammar in the theological heritage. It was appropriate for this task to adopt the historical approach in collecting the material and searching for comprehensive grammar in its context from the verbal works approved in the Ash’arite school. It was necessary to study the origins of the theory of verbal grammar. Comprehensive and anticipating the methodological features governing inference, adopting the analytical approach; The approach adopted in this study was a combined approach of the two approaches: historical and analytical, in order to reach the impact of comprehensive verbal rules in both theoretical and applied studies. (shrink)

The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are (...) posed, namely problems derived from the idea of consensus and that of a single correct answer to certain practical issues that include conflicts of values and raise basic disagreements. (shrink)

People often have a strong intuitive sense that we ought to rescue those in serious need, even in cases where we could produce better outcomes by acting in other ways. It has become common in such cases to refer to this as the Rule of Rescue. Within the medical field this rule has predominantly been discussed in relation to decisions about whether to fund particular treatments. Whilst in this setting the arguments in favour of the Rule of Rescue have generally (...) been found to be unconvincing, there are some reasons for thinking that it may have more of a role to play at the clinical level. In this article we examine three lines that such reasoning might take. In each case we argue that the reasons given do not support the adoption of a Rule of Rescue in clinical practice. (shrink)

The familiar idea that literature is embedded in social practices that help explain both its existence and its value took a distinctive form in analytic philosophy, drawing on speech act theory and a conception of ‘rules’. A major influence was John Rawls's seminal paper ‘Two Concepts of Rules’ (1955) in which he introduced the ‘practice conception of rules’ according to which certain practices are defined by rules that in turn make possible certain kinds of action. (...) The idea underlies the notion of ‘constitutive rules’ in speech act theory and draws on a comparison with games. The origin of this idea can clearly be traced to Wittgenstein, with his highly original thoughts on practices, rules, and games. Yet the Wittgensteinian influence is not sufficiently acknowledged in this context (that is, the context of literary aesthetics). As someone who holds the idea of a practice or ‘institution’ to be of crucial importance in philosophy of literature, I therefore thought it would be useful to put the record straight and remind ourselves what Wittgenstein says about practices (and games) to see just what the relation is between the roots of that idea (in Wittgenstein) and its current manifestations in literary aesthetics. The results suggest that there is much to be learned from Wittgenstein and that his model might be more fruitful than that of Rawls. (shrink)

Can there be rules of language which serve both to determine meaning and to guide speakers in ordinary linguistic usage, i.e., in the production of speech acts? We argue that the answer is no. We take the guiding function of rules to be the function of serving as reasons for actions, and the question of guidance is then considered within the framework of practical reasoning. It turns out that those rules that can serve as reasons for linguistic (...) utterances cannot be considered as normative or meaning determining. Acceptance of such a rule is simply equivalent to a belief about meaning, and does not even presuppose that meaning is determined by rules. Rules that can determine meaning, on the other hand, i.e., rules that can be regarded as constitutive of meaning, are not capable of guiding speakers in the ordinary performance of speech acts. (shrink)

This book offers an approach to Christian ethics. It does so first by organizing Christian ethics around the virtue of practical wisdom and suggesting what the guiding vision of a Christian practical wisdom should be. Second, it provides an account of practical wisdom that integrates literature drawn from the fields of philosophy, psychology, evolutionary theory, and the neurosciences. Reconceptualizing Christian ethics in this way can help us address-but not resolve once and for all-in a faithful way the challenges of our (...) divided age. (shrink)

We are the funny organisms that make and follow rules. To understand us, one must understand what is it to institute and follow a rule, to perform correctly or in error. This question is more important than it might at first seem for linguistic meaning is constituted by rules that govern uses of expressions. For example, the fact that 'squid' is correctly applied to squid and incorrectly applied to cuttlefish is part of what makes 'squid' mean what it (...) does. Philosophers sometimes argue further that all representations are rule-governed so that a theory of representation must explain the possibility of misrepresentation. ;The rule-following problem makes an explanation of correctness surprisingly difficult. Philosophers have also not been clear on just what is the problem with rules. I provide a statement of the features of rules and the problems they drive. I then show that some well-known accounts of rule following---Kripke's, Wright's, Blackburn's---are inadequate. My formulation also shows that some favored theories of content---causal, evolutionary, interpretivist---are inadequate. ;Positively, I argue that an essentially social and irreducibly normative organization---a practice---solves the rule-following problem. Therefore, only participants in social practices can follow rules and thence traffic in linguistic meaning. Still, an account of the correctness of a linguistic performance is not yet an explanation of its representational content. I argue that linguistic content is constituted by correctness facts but also by the representational purport of expressions. I explain an expression's purport to represent naturalistically in terms of syndromes of psychological and behavioral symptoms. A theory of linguistic representation, then, must join the non-natural social facts that constitute correctness with the natural individualistic facts that constitute representational purport. ;Such a hybrid theory reveals that thought and language are not as intimately connected as philosophers assume. Whereas linguistic content constitutively partakes of the social organization that sets humans apart from other creatures, thought content involves only refinements of the psycho-behavioral syndromes that we share with most vertebrates. It follows that linguistic content and thought content cannot be explained one in terms of the other. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule (...) of recognition as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

The ways in which the sciences have been delineated and categorized throughout history provide insights into the formation, stabilization, and establishment of scientific systems of knowledge. The Dresdener school’s approach for explaining and categorizing the genesis of the engineering disciplines is still valid, but needs to be complemented by further-reaching methodological and theoretical reflections. Pierre Bourdieu’s theory of social practice is applied to the question of how individual agents succeed in influencing decisively a discipline’s changing object orientation, institutionalisation and (...) self-reproduction. Through the accumulation of social, cultural and economic capital, they succeed in realising their own organisational ideas and scientific programs. Key concepts for the analysis include the struggle for power and resources, monopolies of interpretation, and the degree of autonomy. A case study from the Aachener Technische Hochschule shows that the consolidation of ferrous metallurgy can be conceived as a symbolical struggle between Fritz Wüst, professor for ferrous metallurgy, and the German Iron and Steel Institute, leading to a construction of a system of differences in which scientists accepted being scientists rather than entrepreneurs, and entrepreneurs accepted becoming entrepreneurs and renounced science. (shrink)

Wischik presents an extensive reply to our paper on conscientious objection, which explores the implications of distinguishing ‘medical acts’ from ‘socioclinical acts’. He provides an extensive legal analysis of the issues surrounding conscientious objection, drawing on the concepts of professional practice and consequentialism. Invoking some of these concepts, we respond and demonstrate that Wischik does not seriously engage with our argument. Instead, he merely proffers his preference for legal positivism, which – when viewed as the fount of justice (as (...) Wischik seems to hold) instead of a tool in its service – necessarily bases rightness on might rather than truth. We also argue that in several important areas, Wischik is factually mistaken. (shrink)

This book is a comparative study which covers a number of major jurisdictions, viz., Australia, Belgium, Canada, England and Wales, France, Germany, Italy, Japan, Spain, Sweden, The Netherlands and the USA. A separate chapter deals with developments in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part one of each country report covers the basic rules applying to the (...) domestic legal profession, such as the method of qualifying as a lawyer, the extent to which legal services are reserved to lawyers, and the ethical rules which apply to matters such as advertising, fees, correspondence, etc. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third part deals with the rules which apply to a foreign lawyer practising within the jurisdiction. The last part deals with the various kinds of international associations to which lawyers may be party, such as alliances, office-sharing and multi-national and multi-disciplinary partnerships. In a final chapter the editor draws some conclusions on the current situation and on where international practice is heading. A number of useful appendices have been added, which set out the most important texts including the IBA International Code of Ethics. (shrink)

The idea of technocracy has been widely criticized in Western literature in the philosophy and sociology of technology. A common critique of technocracy is that it represents an “antidemocratic” and “dehumanizing” ideology. This paper invites Western scholars to reconsider their oppositions to technocracy by drawing on resources from Confucian ethics. In doing so, this paper synthesizes the major ethical challenges of technocracy mainly concerned by Western scholars in philosophy, political theories, sociology, and policy studies. This paper argues that incorporating Confucian (...) resources such as the rule of virtue into technocracy may be helpful for reexamining these ethical challenges to technocracy that are deeply rooted in Western liberal democratic ideologies. The Confucian rule of virtue means that social policies should be made by the virtuous and capable and these policies need to have impacts on the moral progress of the society. Confucian values provide ethical guidance for technocrats in assessing the moral quality of the sociotechnical systems they build. From the Confucian perspective, sociotechnical systems are often assessed based on the criterion whether and how these sociotechnical systems contribute to a process of harmonization. This paper will introduce some practical cases that demonstrate how technical experts and expertise contribute to organizational and social management. In these cases, virtues and the rule of virtue do play a crucial role: virtues either determine the selection of technocrats and the legitimization of their political power or are embedded in engineering design and affect human behavior in the use context. (shrink)

Approaches to business ethics can be roughly divided into two streams: ‹codes of behavior’ and ‹forms of subjectification’, with code-oriented approaches clearly dominating the field. Through an elaboration of poststructuralist approaches to moral philosophy, this paper questions the emphasis on codes of behaviour and, thus, the conceptions of the moral and responsible subject that are inherent in rule-based approaches. As a consequence of this critique, the concept of a practice-based ‹ethics of responsiveness’ in which ethics is never final but (...) rather always ‹to come’, is investigated. In such an approach the ethical self is understood as being continuously constituted within power/knowledge relations. Following this line, we ask how one can become a responsible subject while also acknowledging certain limits of full responsibility. We thereby explore responsibility as a considered but unconditional openness in response to the other. (shrink)

The past decade has seen the gradual emergence of what might be called a postmodern perspective on nursing research. However, the development of a coherent postmodern critique of the modernist position has been hampered by some misunderstandings and misrepresentations of postmodern epistemology by a number of writers, leading to a fractured and distorted view of postmodern nursing research. This paper seeks to distinguish between judgemental relativist and epistemic relativist or ironist positions, and regards the latter as offering the most coherent (...) critique of modernist/(post)positivist nursing research. The writings of poststructuralist philosophers, including Barthes, Lyotard, Derrida, Foucault and Rorty are examined, and a number of criteria for a postmodern ironist concept of research validity or trustworthiness are suggested. Whilst these writers reject the idea of Method as a guarantee of valid research, they nevertheless believe that value judgements can and must be made, and turn to notions of ironism, différance, and the differend. Ultimately, the postmodern ironist reader of the research report must make a judgement without criteria, based on her own practical wisdom or ‘prudence’. (shrink)

The book discusses different models of world order, traditional and modern. Any practical application of the concept at issue will be affected by the prevailing power structure, and to some degree, reflect it. The reality of American preeminence in the world today needs to be reconciled with the demand for international legitimacy.

Both social studies and preschool programs mention freedom as a value. However, in typical social studies curricula, the philosophical perspective is not included and no discussion takes place. In the preschool curriculum, freedom is an abstract concept, and the belief that children cannot understand abstract concepts prevails, while value studies are still limited to determining the frequency of values rather than interrogating them. As such, this study aims to explore young children's views on the concept of freedom, how these views (...) changed after their participation in a philosophically oriented activity, and how, consequently, the concept of freedom might be addressed in social studies on a philosophical level. The researchers used an applied qualitative study design, in which 19 children (14 boys, 5 girls) aged 5-6 years were interviewed before and after the presentation of the well-known folk tale “Rapunzel,” along with the question, “… am I free?” An exercise taken from the Philosophy for Children curriculum, "Freedom is similar to…, because…” was used in both pre and post interviews. The study used semi-structured interviews and document analysis as data collection instruments. The data obtained were subjected to descriptive and content analysis. As a result of the study, it was found that before the activity, children tended to discuss the meaning of freedom in the context of its limits (e.g. permission, prohibition, rules), and, following the activity, in the context of positive freedoms (e.g. growth, being independent). (shrink)

In this article I examine the view, common amongst several contemporary legal positivists, that rules of recognition are to be understood as conventional rules of some kind. The article opens with a discussion of H.L.A. Hart's original account of the rule of recognition in the 1st edn of The Concept of Law and argues that Hart did not view the rule of recognition as a conventional rule in that account. I then discuss Hart's apparent turn towards a conventionalist (...) understanding of the rule of recognition in the ‘Postscript’ to the 2nd edn of The Concept of Law, and attempt to cast doubt on the strength of Hart's commitment to such a turn, and on the reasons prompting him to make it. Finally, I consider one of the most interesting contemporary conventionalist accounts of rules of recognition, namely Andrei Marmor's view that such rules should be understood as the constitutive conventions of partly autonomous social practices. My aim in this part of the article is to compare Marmor's account with my earlier interpretation of Hart's views, and to consider whether Marmor's account truly is conventionalist in character and whether it provides us with a persuasive conventionalist understanding of rules of recognition. (shrink)

Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of legal sources in the uṣul literature, (...) there has been another proof subjected to legal reasoning (istidlāl): the practice of the companions. In this study, “the practices of the companions” is used in the contextual meaing of the verbal and practical positions of the entire companions or some of them on a specific topic of uṣūl al-fiqh. By this definition, the concept of the practice of the companions is separated from the concepts of qawl al-ṣaḥābī, ʿamal ahl al-Madīnah and the ijmāʿ al-ṣaḥābah. As a matter of fact, the concept of qawl al-ṣaḥābī signifies an opinion narrated from a single companion and neither supported nor opposed by other companions, and subjected to use of legal inference for obtaining practical legal rulings. In return, the concept of the practice of the companions signifies the position that the companions hold on a topic of uṣūl al-fiqh and does not stipulate the conditions that it must be an opinion of a single companion and be neither supported nor opposed by other companions. In addition, as being related to the legal theoretical issues and not restricted to a certain region, the concept of the practice of the companions is distinct from the ‘amal ahl al-Madīnah. Likewise, it also differed from the ijmāʿ al-ṣaḥābah because the latter concept indicates the consensus of all companions on a practical legal ruling whereas the practice of the companions amounts to both the consensus of the companions and their individual opinions on the matters of uṣūl al-fiqh. Having said that, the concept of the practice of the companions has some overlaps with the qawl al-ṣaḥābī and ijmāʿ al-ṣaḥābah. It is observed in the Hanafi tradition of uṣūl al-fiqh that the practices of the companions are presented as a proof of many principles of uṣūl al-fiqh. This is because of the fact that the companions have a significant role as being the first practitioners of the revelation and the leading figures of the tradition of fiqh. Due to these significant roles of the companions, a central position is given to their interpretation method of the divine text and the technique of issuing legal opinions in determination of theoretical principles. In this study, I examine the impact of the practices of the companions on the Hanafi legal theory focusing on the work of al-Sarakhsī (d. 483/1090), al-Uṣūl, and try to identify how Hanafi legal theory was grounded, departing from, overall or particular, companions’ practices. This study consists of two main parts. First, I provide the conceptual framework by analyzing the concepts of the companion and the companions’ practice. Second, I discussed the theoretical issues rested evidentially on the companions’ practice. Hence, this study excludes the instances of qawl al-ṣaḥābī, ijmāʿ al-ṣaḥābah and the companions’ practice if they are not resorted in proving the uṣūl al-fiqh principles. This work deals with issues on which theoretical principles grounded in reference to the practice of the companions under the headings; Kitāb, Sunnah, qıyās, naskh and alfāz. When instances of the companions’ practice are in abundance in a case, I just focus on the highly representative ones and shortly refer to the others. In the conclusion part, I provide the consequences achieved by this research and some final remarks on the topic. (shrink)

In this article we examine moments in which parents or other caregivers overtly invoke rules during episodes in which they take issue with, intervene against, and try to change a child’s ongoing behavior or action(s). Drawing on interactional data from four different languages (English, Finnish, German, Polish) and using Conversation Analytic methods, we first illustrate the variety of ways in which parents may use such overt rule invocations as part of their behavior modification attempts, showing them to be functionally (...) versatile interactional objects. Their interactional flexibility notwithstanding, we find that parents typically invoke rules when, in the course of the intervention episode, they encounter trouble with achieving an acceptable compliant outcome. To get at the distinct import of rule formulations in this context, we then compare them to two sequential alternatives: parental expressions of an experienced negative affective state, and parental threats. While the former emphasize aspects of social solidarity, the latter seek to enforce compliance by foregrounding a power asymmetry between the parent and the child. Rule formulations, by contrast, are designedly impersonal and appear to be directed at what the parents construe as shortcomings in common-sense practical reasoning on the child’s part. Reflexively, the child is thereby cast as not having properly applied common-sense ‘practical reason’ when engaging in what is treated as the problematic behavior or action. Overt rule invocations can, therefore, be understood as indexical appeals to practical reason. (shrink)

This article examines a legal dispute over the ownership of nine bondservants between a Buddhist monastery and two monks and a nun, focusing on the legal apparatus and practices in Dunhuang when it was under Tibetan control. During the Tang, eminent monks of the Buddhist clergy petitioned for exemptions from public courts in order to restrict trials of ordained Buddhists at alternative venues. Such petitions were declined, granted, or revoked by different Tang emperors. This case study demonstrates that ordained Buddhists (...) on this Sino-Tibetan frontier affiliated with the Buddhist clergy in Dunhuang did not enjoy this privilege. Instead of being shielded from public attention, two Buddhist monks and a nun successfully litigated against a Buddhist monastery in a public court. (shrink)

THIS ESSAY ARGUES AGAINST LEGAL, POLITICAL, AND ETHICAL JUSTIFICAtions for torture. In the expository sections of the essay, I juxtapose international prohibitions against torture with the current U.S. administration's justifications for harsh interrogation methods on the basis of military necessity and presidential prerogative. I examine the systematic and individual causes of the specific abuses at Abu Ghraib that were tantamount to torture. In the constructive sections of the essay, I retrieve the evolving standards of decency from Supreme Court cases and (...) jus cogens peremptory norms from international law. I contend that torture is deontologically wrong and that the administration's arguments on solely teleological grounds are ethically flawed and contradictory. Engaging numerous interlocutors in law, philosophy, and Christian ethics, I reconceptualize the rule of law in terms of moral vision and an emerging moral consensus, and I hold that these terms provide a more adequate framework for evaluating and repudiating the practice of torture. (shrink)

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But (...) I ask what counts as a ‘deficit’ in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

A background assumption of this paper is that the repertoire of inference schemes available to humanity is not fixed, but subject to change as new schemes are invented or refined and as old ones are obsolesced or abandoned. This is particularly visible in areas like health and environmental sciences, where enormous societal investment has been made in finding ways to reach more dependable conclusions. Computational modeling of argumentation, at least for the discourse in expert fields, will require the possibility of (...) modeling change in a stock of schemes that may be applied to generate conclusions from data. We examine Randomized Clinical Trial, an inference scheme established within medical science in the mid-20th Century, and show that its successful defense by means of practical reasoning allowed for its black-boxing as an inference scheme that generates (and warrants belief in) conclusions about the effects of medical treatments. Modeling the use of a scheme is well-understood; here we focus on modeling how the scheme comes to be established so that it is available for use. (shrink)

The article presents the conceptual groundwork for an understanding of the essentially improvisational dimension of human rationality. It aims to clarify how we should think about important concepts pertinent to central aspects of human practices, namely, the concepts of improvisation, normativity, habit, and freedom. In order to understand the sense in which human practices are essentially improvisational, it is first necessary to criticize misconceptions about improvisation as lack of preparation and creatio ex nihilo. Second, it is necessary to solve the (...) theoretical problems that derive from misunderstandings concerning the notions of normativity, habit, and freedom – misunderstandings that revolve around the idea that rationality is a form that is developed out of itself and thus works in a way similar to algorithms. One can only make sense of normativity, habit, and freedom if one understands that they all involve conflictual relationships with the world and with others, which in turn enables one to adequately take into account their constitutive connection to improvisation, properly understood. In outlining these conceptual connections, we want to prepare the foundations for an explanation of rational practices as improvisational practices. The article concludes by stating that human rational life is improvisatory because the conditions of human practice arise out of practice itself. (shrink)

The rule of double effect is regularly invoked in ethical discussions about palliative sedation, terminal extubation and other clinical acts that may be viewed as hastening death for imminently dying patients. Unfortunately, the literature tends to employ this useful principle in a fashion suggesting that it offers the final word on the moral acceptability of such medical procedures. In fact, the rule cannot be applied appropriately without invoking moral theories that are not explicit in the rule itself. Four tenets of (...) the rule each require their own ethical justification. A variety of moral theories are relevant to making judgements in a pluralistic society. Much of the rich moral conversation germane to the rule has been reflected in arguments about physician-asssisted suicide and voluntary active euthanasia, but the rule itself has limited relevance to these debates, and requires its own moral justifications when applied to other practices that might hasten death. (shrink)

The objective of this article is to propose a precise characterization of the collective practice behind at least an important part of the phenomena named “decision by consensus”. First, I provide descriptions of the use of this rule, and give a definition of the non-opposition rule, both as a specific sequence of acts and as a stopping rule. Second, I challenge the usual way of understanding the non-opposition rule by contrast with voting, stating that the contrast between logic of (...) approval and logic of consent also has to be taken into account. Third, I examine the conditions of its use. The non-opposition rule satisfies groups whose concern is to decide without dividing. Finally, from the analytic benefit of opening up decision by consensus as the use of the non-opposition rule, I will examine, in a fourth part, whether consensus in decision-making is as democratic a procedure as is sometimes thought. (shrink)

This article examines the regulation of religious policy and state-confessional relations in Kazakhstan. Religion is an integral part of the spiritual life in secular Kazakhstan, and religious values are embedded within the value paradigm of Kazakhstani identity. In this context, there is a need to model secularism based on the rule of law, human rights, and personal freedoms. The purpose of this article is to conceptualize "Kazakhstani secularism" and "Kazakhstani religiosity," identifying their differences and the universality of their value meanings. (...) this study employed a mixed methodology using both qualitative and quantitative strategies to examine the regulation of religion within Kazakhstan's secular framework, aiming to uncover underlying principles, assess current practices, and suggest improvements that align with international standards. The concept of secularism in Kazakhstan has evolved due to historical chronotopes, challenges of modernity, and ideological discourses, yet the legal provision of religious freedoms remains a constant principle. The authors argue that it is necessary to enhance the policy of interconfessional and state-confessional relations, transitioning to a policy of dialogue aimed at consolidating Kazakhstani society, alleviating social tensions, and fostering unity. (shrink)

This paper provides a comparative analysis of the rules of conduct governing legal representatives in Australia, the United States of America and the United Kingdom as they apply to a range of ethical issues in mediation. The analysis has four main aims. First, it clarifies the position in Australia and the USA - the Australian and American mediation communities have not introduced separate codes for ?mediation advocates? as Mason recently suggested. But some provisions have been made for mediation (...) class='Hi'>practice. The second aim is to tease out from these provisions learning points for policy makers and rule drafters. Amongst the points to consider is whether or not, and under what circumstances, mediators should be regarded as courts, or as third parties for the purpose of the rules. Third, the analysis provides some grounds for arguing that the current rules of conduct are appropriate for legal representatives in mediation. Fourth, it identifies challenges associated with proposals to introduce rules which require legal representatives to participate in mediation in good faith in a non-adversarial manner according to higher standards of honesty and candour. The article concludes by identifying a number of assumptions which permeate the literature on this topic. (shrink)

Jury nullification occurs when a jury votes to acquit a defendant in a criminal trial despite its belief that the defendant is, in fact, guilty. One of the main objections to this practice is that it subverts the rule of law. In this paper, I examine this objection by expanding on what is entailed by the rule of law objection and demonstrating that the very principles that the rule of law are built upon – liberty and autonomy – are, (...) in fact, preserved and promoted, and not subverted by, jury nullification. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...) like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned. (shrink)

According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual (...) function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system. (shrink)

In assessing compliance with the Rule of Law, the contested nature of the concept renders the use of a single theorist’s conception or, alternatively, the adoption of a hybrid conception open to criticism. There is no settled and practical way to determine Rule of Law non-compliance. It is argued that by looking behind the concept’s contestedness, Rule of Law non-compliance can be identified. The fundamental needs undergirding canonical conceptions are used to identify common elements of the Rule of Law. By (...) taking this approach, two necessary Rule of Law elements are distilled: Comprehension; and, Procedural Pellucidity. As a result of their elemental nature, an inability to comply with the elements reflects a total inability to satisfy the Rule of Law regardless of the canonical conception preferred. The methodology suggested provides a practical – theory agnostic – way to identify Rule of Law non-compliance beyond the concept’s inherent contestedness. (shrink)

Between 1234 and 1258 King Henry III, having emerged from the tutelage of ministers inherited from his father, controlled the government of England himself. Looking at this period of personal rule, it would be easy to gain the impression that Henry's kingship, in its theory, and also to some extent its practice, challenged the position of the magnates. M. T. Clanchy, for example, in a justly famous article has suggested that in the 1240s and 1250s Henry III evolved a (...) theory of royal absolutism, a theory which had threatening implications for the magnates. He has also stressed the extent to which Henry was “the initiator both of the methods and of the theory” behind Edward I's quo warranto campaign, which questioned the liberties possessed by the magnates in the field of local government. As for Henry's court, the impression has been given by R. F. Treharne that few English barons were present there, and that the king was largely surrounded by officials and foreign relatives — the latter being his wife's Savoyard uncles and his own Poitevin half-brothers of the house of Lusignan. G. W. S. Barrow has written that Henry “appeared to be excluding the barons as a class from membership of his royal council.” The question whether Henry, like his father John, was pressing magnates to pay their debts has never been investigated; but Matthew Paris's picture of the king as a “vigilant and indefatigable searcher after money” might indicate that the revolution of 1258, like that of 1215, was a “rebellion of the king's debtors.”. (shrink)

Han Fei was a famous Legalist in the late Warring States period. During the struggle to criticize the Confucian school, he developed the theory of the "rule of law," which laid a theoretical groundwork on which the newly emerging landlord class could build a centralized feudal state. His works had been appreciated by Ch'in Shih-huang. When Ch'in Shih-huang read the book Han Fei Tzu, he sighed and said, "I would feel no regret about dying if I could meet this person (...) and become his friend." Later Ch'in Shih-huang applied this progressive theory of Han Fei in practice and developed it through practice. (shrink)

IntroductionAcademic integrity policy that is inaccessible, ambiguous or confusing is likely to result in inconsistent policy enactment. Additionally, policy analysis and development are often undertaken as top down processes requiring passive acceptance by users of policy that has been developed outside the context in which it is enacted. Both these factors can result in poor policy uptake, particularly where policy users are overworked, intellectually critical and capable, not prone to passive acceptance and hold valuable grass roots intelligence about policy enactment.Case (...) descriptionThe case study presented in this paper describes the actions of a community of practice at a regional Australian university to deconstruct and translate ambiguous academic integrity policy into a suite of accessible academic integrity resources that were intelligible to staff and students, and which assisted academic staff to consistently enact policy. The paper narrates the formation of the CoP, the tangible and intangible value it created, the social learning practices enacted by its members, its grassroots policy work and the material resources produced from that work.Discussion and evaluationAn evaluation of the CoP was conducted using a value creation framework to explore its immediate value, potential value, applied value, realised value, and reframing value. These values were considered at each stages of the CoP’s lifespan. The evaluation was a useful process that demonstrated the wide-ranging value created by the CoP. Six insights were drawn from the evaluation which promote understanding of the value created for a university by a CoP, particularly in contributing to academic integrity culture over a sustained period of time.ConclusionsThis paper contributes to a research gap on specific examples of discretion within rule-based systems. It illustrates how academics and members of the CoP used their discretion to interpret and enact academic integrity policy within a higher education setting. Drawing from the evaluation of the CoP we argue for greater understanding of the grass-roots contribution of academic and professional staff to academic integrity policy translation and enactment. (shrink)

How should a practice, subservient to a public good, be regulated in order to guarantee fair access without encouraging improper claims? In the first place, a clear understanding of the goal of the practice is indispensable for knowing what criteria the regulation must contain. As to the purely formal aspect, the regulation of any practice must include both general rules and particular instances. Finally, to resolve conflicts, committees in which different kinds of expertise are represented should (...) be installed. These three theses are illustrated by the Dutch regulation for cosmetic surgery. (shrink)