My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

Objectives Potentially life-shortening medical end-of-life practices ) remain subject to conceptual vagueness. This study evaluates how physicians label these practices by examining which of their own practices they label as euthanasia or sedation.Methods We conducted a large stratified random sample of death certificates from 2007 . The physicians named on the death certificate were approached by means of a postal questionnaire asking about ELDs made in each case and asked to choose the most appropriate label to describe the ELD. Response (...) rate was 58.4%.Results In the vast majority of practices labelled as euthanasia, the self-reported actions of the physicians corresponded with the definition in the Belgian euthanasia legislation; practices labelled as palliative or terminal sedation lack clear correspondence with definitions of sedation as presented in existing guidelines. In these cases, an explicit life-shortening intention by means of drug administration was present in 21.6%, life shortening was estimated at more than 24 h in 51% and an explicit patient request was absent in 79.7%.Discussion Our results suggest that, unlike euthanasia, the concept of palliative or terminal sedation covers a broad range of practices in the minds of physicians. This ambiguity can be a barrier to appropriate sedation practice and indicates a need for better knowledge of the practice of palliative sedation by physicians. (shrink)

The Spanish Civil War was one of the pivotal events of the 1930’s, the moment when fascism and socialism came into open conflict. First published in 1939, _The Spanish Tragedy_ recounts the experiences of Jef Last. Activist, poet and novelist, Last might have been the archetypal Republican volunteer but his experience left him even more disenchanted than most. Critical of Soviet Communism, a court martial loyal to Moscow tried to sentence him to death and he was forced to flee to (...) Scandinavia. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would (...) not end with an analogous main proposition, but with two sub-propositions that show the (relative) value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the (...) more recent studies of Kelsen’s theory of democracy, which increased familiarity with Kelsen as an advocate of democracy and actually looked at his political work in the light of the Pure Theory of Law, contain almost no systematic or critical consideration of the value of peace, although both Kelsen’s legal theory and his theory of democracy at least give cause for this. Whereas other studies have already made the connection between the concepts of law and democracy in Kelsen’s work, this thesis concentrates on the concepts – also closely connected in his work – of law and peace. With this new approach this thesis hopes to contribute to a re-evaluation of Kelsen’s positivist legal philosophy by showing that the undervalued yet essential aspect of his legal pacifism can be understood as the tacit, ethical meaning of the Pure Theory of Law. (shrink)

In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means to achieve (...) the end of peace, is – in view of the tradition running from Hobbes to Kant – still not very innovating. But the primary and central role he assigns to the judiciary in order to guarantee international peace is on the other hand really original. To bring out Kelsen’s juridical objectivism and pacifism, I restrict myself in this article to his plea before and during the second World War for the judicial primacy in the international legal order. In that plea, which is spread over many writings and founded by several arguments, I distinguish however three main convincing arguments – namely an evolutionary, a technical and a moral-political argument – for the establishment of an international court with compulsory jurisdiction as the ‘guardian of international peace’. The fact that Kelsen’s original plea is still relevant to our times, is already evident from the post-World War II UN-system of peace-enforcement, which still functions little satisfactorily and of which the existing plans of reform go no further than strengthening the position of the Security Council, the current hardly effective ‘maintainer of world peace’. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

The Belgian steel industry falls apart into four groups. The Flemish industry consists mainly of a very modern steel plant Sidmar near the port of Ghent controlled by the industrial holding Arbed. The Walloon industry falls apart into three basins : Cockerill in Liège; the holy triangleof Charleroi, controlled by Frère-Bourgeois, Cobepa and Bruxelles-Lambert ; the independents.In the Walloon industry the successive processes of steel making are distributed over a great number of plants, most of the equipment is outdated, labour (...) relations are bad and so is management.The finances required to renew this ancient industry are so large that the holdings cannot do so without the aid of the Belgian Government and the European Communities.Beginning of 1977, Davignon, proposes to freeze the production and market shares of the member countries, and to increase the European steel price by EEC tariff measures, in this way protecting the low productivity concerns ; not in the least the walloon concerns. The European Communities promise financial help for restructuring.The implicit condition is comparative advantage of enterprises. In the Belgian context, this would mean that Sidmar would be extended and part of the Walloon industry closed down. The next move of the Brussels-Walloon concerns is, therefore, to corner Sidmar.During the course of 1977 and the first half of 1978 the Government negotiates with employers and unions a restructuring plan and general steel agreement, the «Plan Claes». The plan foresees in a lasting ceiling imposed on Sidmar; in a very large fiow of restructuring aid,mainly from public funds and the set-up of an intricate network of semi-governmental institutions.The Plan Claes is a purely political compromise. From the economic point of view, the plan wilt only speed up the definite emigration of traditional steel making processes towards the semi-industrialized countries. (shrink)

We agree with the general commitment of Kunneman’s contribution, but formulate some critical reservations about its elaboration. First, we discuss the use of the concept of complexity. On the basis of Morin’s idea of general complexity we argue that a paradigmatic interpretation leads to a more consistent argumentation strategy. We illustrate this referring to Kunneman’s use of the term ‘autopoiesis’ and Habermas’s concepts of ‘system and life world’. We call into question Kunneman’s position that meaningfulness in volunteering falls short politically. (...) To this end, we formulate a different view about the relationship between existential and political meaningfulness from a vision of citizenship as belonging to the core of being human. This also throws a different light on the importance of the civil society. (shrink)

This article starts from the observation of current changes in the nature of a globalizing public sphere for which older structural boundaries have lost much of their relevance. Though the public sphere has traditionally been a topic for social scientists, a redefinition in terms of the realm of publicly accessible meaning, and of struggles over socially and politically important meaning, necessitates a contribution from the humanities. In particular, linguistic pragmatics, providing tools for an analysis of the way in which explicit (...) and implicit forms of meaning interact in the process of generating meanings, is argued to be a useful instrument. The argument is supported with an analysis of the differences in meaning landscapes that emerge even in different-­language versions of the ‘same’ text, illustrating how dependent publicly available meaning is on basic pragmatic processes. The article concludes that a maturing science of language use is therefore needed to understand variations in the accounts of social and political reality that people in a globalizing public sphere live by. (shrink)

In the wake of 9/11 exceptionalism has gained in political leverage. Executive-centred government prevails in responses to 9/11; civil liberties have been curtailed; due process and fair trial can be ignored under particular circumstances; asylum and immigration procedures have been tightened; etc. What is at stake in these developments? In this essay I try to give an answer to this question by revisiting Franz L Neumann's concern that when fear of the enemy becomes the energetic principle of politics liberal democracy (...) is impossible. Revisiting the debates in legal and political theory in which he participated supports the view that security policy, in this case responses to terrorism cannot be evaluated only on the basis of how effective they are in dealing with a threat. In addition, a more political evaluation that looks at how security policies feed back into society is needed. Security responses can intensify the institutionalization of exceptionalism based on fear of the enemy. In that case security policy becomes paradoxical. It risks undermining liberal democracy through the very means by which it intends to save it. (shrink)

The local security policy aims at improving the quality of life and the security ofthe local community, based on the expectations of that community. One ofthe instruments for the local authorities to reach this aim is the local police force's assistance. Police strategies exist on the levels ofprevention, intervention, tracing of criminals, preservation of the public order, victim treatment and neighbourhood development. Sense of responsibility in the field, job rotation and smooth internal communication act quite stimulatingly, both in the community-aimed (...) first-line care and in public assistance. The changing police structure in Belgium through which the state police are allowed to take up basis police tasks produced a number of bottlenecks as well asa number of opportunities.Municipalities play a major role in matters of public order and security in which the municipal police occupy a central place. Fluid cooperation between the major and the corps commander in a permanently innovating structure will certainly lead to a thorough and excellent community policing. (shrink)

Broken bodies, places and objects demonstrates the breadth of fragmentation and fragment use in prehistory and history, and provides an up-to-date insight into the current archaeological thinking around the topic. A seal broken and shared by two trade parties, dog jaws accompanying the dead in Mesolithic burials, fragments of ancient warships commodified as souvenirs, parts of an ancient dynastic throne split up between different colonial collections... Pieces of the past are everywhere around us. Fragments have a special potential precisely because (...) of their incomplete format - as a new matter that can reference its original whole but can also live on with new, unrelated meanings. Deliberate breakage of bodies, places and objects for the use of fragments has been attested from all time periods of the past. It has now been over 20 years since John Chapman's major publication introducing fragmentation studies, and the topic is more present than ever in archaeology. This volume offers the first European-wide review of the concept of fragmentation, collecting case studies from the Neolithic to the Modern, and extending the ideas of fragmentation theory into new directions. The book is written for scholars and students in archaeology but it is also relevant for neighbouring fields taking an interest in material culture, such as anthropology, history, cultural heritage studies, museology, art and architecture. (shrink)

When I was asked to formulate some questions or remarks about Prof. Barry’s paper, it was probably assumed that I would not confine myself to the expression of pure agreement. And yet, that is what I am inclined at first to do. I do agree that the view he criticizes is wrong for the reasons he mentions. And I admire the clarity and vigour of his arguments. However the reasons one has for agreeing with a thesis may belong to a (...) context that is very different from the context the thesis itself belongs to. Prof. Barry’s paper can be read at one level as the defence of a certain policy — it contains political recommendations. It is at that level that I entirely agree with it. But his recommendations are probably part of a theoretical outlook I do not share.The question I would like to deal with is: “How should the position which is the target of Brian Barry’s criticism be characterized?” One could say that it is anti-liberal. It is certainly opposed to the liberalism Brian Barry advocates. But there are, I think, also good reasons for characterizing it as a kind of liberalism. It is a sort of excessive, perverse, loony liberalism, but liberalism nevertheless. For the sake of convenience I call it quasi-liberalism. (shrink)

This encyclopaedia of one of the major fields of language studies is a continuously updated source of state-of-the-art information for anyone interested in language use. The IPrA Handbook of Pragmatics provides easy access - for scholars with widely divergent backgrounds but with convergent interests in the use and functioning of language - to the different topics, traditions and methods which together make up the field of pragmatics, broadly conceived as the cognitive, social and cultural study of language and communication, i.e. (...) the science of language use. The Handbook of Pragmatics is a unique reference work for researchers, which has been expanded and updated continuously with annual installments since 1995. Also available as Online Resource: benjamins.com/online/hop/. (shrink)

In the field of the social sciences, there exists an old and ongoing debate, circling around the question if social scientists should be concerned with the study of society, or rather with the search for the good society. Should they limit their role to the value neutral observation of social phenomena, or should they allow themselves to become fully involved in the quest for the normative conditions of the best possible society? And should they pursue the project of building a (...) grand theory, or rather agree to become practical, moving into the tricky areas of social work, moral education and politics?Today we will not try to solve this old dispute. I only want to refer to it because today’s speaker, Professor Robert Bellah, is a clear proponent of the second alternative, of understanding social science as a moral inquiry. Sociology, in his understanding is a moral science, as it implies a practical exercise: it provides a critical observation and reflection on the structural and cultural conditions of the concrete societal projects we are engaged in as members and citizens. How can our society become and remain independent? How can it be just and fair to all its members? How can it remain innovative and democratic, true to its traditions and open to newcomers?These are core issues of sociology as a moral and humanistic discipline. In trying to answer those questions, we are standing in a long tradition, reaching back to Aristotle, including the classics of modern times, Machiavelli and Hobbes, Marx and Tocqueville, as well as the founding fathers of contemporary sociology, Emile Durkheim and Max Weber. (shrink)

I thought it useful, in responding to the paper written by J.A. Selling, to look at the relation between fundamental and applied ethics and between faith, ethics and science. Not so much because I do not share his opinion — I agree with the content of his paper — nor to limit the reflection to the general ethical foundation, but because the meaning and range of the term ‘Christian ethics’, as it relates to applied ethics, is anything but evident. This (...) is particularly true for ethical judgments within those social sectors where religion no longer plays a commonly accepted role as a public source of legitimation. Does not the communis opinio hold that religious traditions have nothing to contribute to ethics, and certainly to applied ethics, that cannot be known and confirmed from human reason? Therefore, within a pluralistic society, reference to religious arguments in ethical reflection seems more hindersome than helpful when we seek a pragmatic consensus on rational, nonconfessional grounds, and strive towards a common value judgment on matters where religions are not competent.I believe that there are many positive arguments to support this communis opinio. I expect they will be used in our further discussion. When I continue to plead for a countercultural link between the Christian worldview and applied ethics, I do so to clarify the meaning of our position as a Centre. I believe that we must avoid understanding our position only as a sociological or political arrangement. We would do better to wonder whether there is any inherent link between Christianity and applied ethics, and if so, where this link lies. If there is no link, our function is reduced to a sociopolitical arrangement, which I personally would find regrettable. (shrink)

Debt reduction for the poorest countries of the world has become a self-evident goal for all people who feel concerned about the problems of the Third World, about absolute poverty and misery. Also, right-minded people think it is a primary ethical requirement that rich countries and powerful financial institutions should loosen the constraints imposed upon the weakest regions of the world. However, a closer look reveals that this is not just a technical matter, but that this issue is ridden with (...) hard choices and difficult ethical dilemmas. Giving and helping are much more delicate matters than a naïve and benevolent observer might think. A contribution touching upon the ethical background of the debate about debt reduction is a good opportunity to tackle these sorts of problems.Ethics has become fashionable nowadays. Paradoxically, the more people are convinced that self-interest is the main motivating force for the rich and the poor, and the more they think that powerful interest groups are ruling the world, the greater the attraction and the authority of ethical arguments. At the same time ethics has become a rather vague point of reference, supposed to encompass all kinds of benevolent drives, neglecting the evidence that beneficence does not always yield good results. So we shall start with some very general remarks about the nature of ethics, with a reminder of the specificity of ethical arguments for helping the poor and with an analysis of some difficulties in reaching this objective. In the second part of this text, we tackle the more concrete ethical dilemmas related to the issue of debt reduction. (shrink)

Belgium's annual «horizontal» State budgets for scientific activities show a transition from the «golden» sixties and early seventies, with a privileged higher increase than the State budget as a whole, to recent years, during which the science budget has had some difficulty to maintain its level in absolute figures, constant prices.This evolution reflects mainly three phenomena : the completion, in 1971, of the legal and financial measures for university expansion gradually developed since the early sixties and creating a large reserve (...) of student places; beginning in the same year, the surprising reducingrate of increase and even stagnation of student numbers, as against the previous explosion of these numbers; the fact that the expansion of scientific activities in higher education was not followed to the same extent by a process of «scientification» outside education.Out of the decade came probably less enthusiasm in society for science and many aften organizational problems. The main task for the next few years is, especially considering Belgian conditions and the context of economic crisis, to reinforce, through various policies, scientific activities and impact on productive and service industries as well as in the publicservice. (shrink)

In recent years there has been a great deal of activity and discussion on the appropriate treatment of refugees and asylum-seekers. The increasing number of asylum-seekers in Western Europe, which peaked in Germany with more than 438,000 requests in 1992 alone, has been at the root of the political debate. The administrations involved seem to be unable to cope adequately with such increases, a fact which in its turn has given rise to a variety of humanitarian and juridical problems .It (...) is not my intention here to discuss the many technical facets of this social issue . I prefer, rather, to offer a socio-ethical reflection on one particular and fundamental aspect of our attitude toward refugees, namely, the apparently unavoidable fact that they are set against the background issues of migration and social integration. In their host countries refugees have in fact been perceived primarily as immigrants and foreigners, not as refugees.It is also not my intention to make an a priori judgment on the question. Instead, I would like to begin by inquiring into the historical and structural factors which have defined our perception of the issue. It will become clear that we can only achieve an ethically adequate treatment of refugees if we are prepared to rectify the much broader problem of our attitude to foreigners as such. (shrink)

Flow is a gratifying state of deep involvement and absorption that individuals report when facing a challenging activity and they perceive adequate abilities to cope with it. The flow concept was introduced by Csikszentmihalyi in 1975, and interest in flow research is growing. However, to our best knowledge, no scoping review exists that takes a systematic look at studies on flow which were published between the years 2000 and 2016. Overall, 252 studies have been included in this review. Our review (...) provides a framework to cluster flow research, gives a systematic overview about existing studies and their findings, and provides an overview about implications for future research. The provided framework consists of three levels of flow research. In the first “Individual” level are the categories for personality, motivation, physiology, emotion, cognition, and behavior. The second “Contextual” level contains the categories for contextual and interindividual factors and the third “Cultural” level contains cultural factors that relate to flow. Using our framework, we systematically present the findings for each category. While flow research has made progress in understanding flow, in the future, more experimental and longitudinal studies are needed to gain deeper insights into the causal structure of flow and its antecedents and consequences. (shrink)

Introduction Marina Sbisà University of Trieste 1. Pragmatics and philosophy It is well known that pragmatics – like many branches of the social and even ...