H. L. A. Hart’s The Concept of Law (Hart 1994) contains many passages that have become iconic for legal theory. This essay focuses on Chapter 7, sections 1 and 2, and Hart’s comments about judicial discretion in the context of Ronald Dworkin’s well-known attack on the idea of judicial discretion in his essay “The Model of Rules”. Specifically, the paper undertakes three projects. The first project is to defend the importance of the fundamental picture that Hart presents in Concept, Chapter (...) 7 of Common-Law judicial rule-making. Hart represents such rule-making as a balance of certainty and flexibility, and he is correct to do that. The second project is to argue that Dworkin’s attack on the positivist model of common-law judicial rule-making as an exercise of “strong discretion” fails. The idea, central to the meaning of “strong discretion” that courts are not “not bound by standards set by the authority in question” cannot be established. The third is to argue that Hart is his own worst enemy. The language, metaphors and images he uses to present his account of common-law judicial rule-making open the way to Dworkin’s critique. They also reveal Hart, if the language, metaphors and images are taken seriously, to be precisely the kind of formalist or deductivist about adjudication that he is ostensibly in Concept Chapter 7 criticising.Resumen:El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajes que se han convertido en íconos de la teoría jurídica. Este artículo se concentra en el capítulo 7, sección 1 y 2, y en los comentarios que realizara Hart sobre la discreción judicial en el contexto de la bien conocida crítica de Dworkin a esta misma idea en su ensayo “El modelo de las normas”. Específicamente, el artículo emprende tres proyectos. El primero de ellos consiste en defender la importancia del esquema fundamental que ofrece Hart en el capítulo 7 de su obra, esto es, la creación judicial de normas en el Common Law. Hart representa tal creación de normas como un balance de certeza y flexibilidad; y él está en lo correcto al presentarlo de tal modo. El segundo proyecto consiste en argumentar que la crítica de Dworkin al modelo positivista de la creación judicial de normas en el Common Law, como un ejercicio de “discreción fuerte”, no está sustentada. La idea —central para el significado de “discreción fuerte”— de que los tribunales no están “sujetos a criterios establecidos por la autoridad en cuestión” no puede ser establecida. El tercer proyecto consiste en argumentar que Hart es su peor enemigo. El lenguaje, las metáforas e imágenes que emplea para exponer su teoría de la creación judicial de normas en el Common Law abre la puerta a la crítica dworkiniana. Si tomamos en serio el lenguaje, las metáforas y las imágenes, encontraremos a un Hart del tipo formalista o deductivista sobre la adjudicación, justo como el que él mismo está abiertamente cuestionando en el capítulo 7 de El concepto. (shrink)

Prominent thinkers such as Jurgen Habermas and Michael Sandel are warning that biomedical enhancements will undermine fundamental political values. Yet whether biomedical enhancements will undermine such values depends on how biomedical enhancements will function, how they will be administered and to whom. Since only few enhancements are obtainable, it is difficult to tell whether these predictions are sound. Nevertheless, such warnings are extremely valuable. As a society we must, at the very least, be aware of developments that could have harmful (...) consequences. Indeed, if important values were to be jeopardized, we should take appropriate measures to protect them. This paper focuses on four central values: solidarity, personal responsibility, equality and autonomy. It delineates the conditions under which biomedical enhancements would undermine these values. It also details the circumstances under which these values would be unaffected by enhancements as well as those under which they would be promoted. Specifying these conditions is valuable; it would enable society to prepare appropriate ethical guidelines and policy responses in advance. (shrink)

The paper links Freud’s early work in the ‘Project for a scientific psychology’ with the psychoanalytic psychology of Kleinian object relations theory now current. Freud is often accused of introducing mechanism into his psychology and installing at its core an irreconcilable dichotomy of two disparate ways of explaining human behaviour. I suggest that Freud’s early mechanistic thinking is an attempt at what he only partly achieves, a functional account of the ‘mental apparatus’. I consider whether this way of conceptualising the (...) mind in functional terms is methodologically relevant to psychoanalytic investigation or whether it is at best heuristically useful. From a brief consideration of Kleinian object relations theory, illustrated by case material, I conclude that there are grounds for accepting the first of these alternatives. (shrink)

Erasmus wrote his Colloquies as educational material for training boys in Latin conversation. This volume of the Amsterdam edition of the Latin texts of Erasmus offers a critical edition of the Latin texts of these influential, creative writings, which resemble short Latin plays.

The ethics of Kant and the ethics of Crusius are strikingly similar. This is manifested in a whole range of principles and concepts. Crusius’ moral teaching hinges on the rigorous moral law which has to be obeyed absolutely, and which makes it different from other prescriptions that are binding only to a relative degree. This is very close to the Kantian distinction between hypothetical and categorical imperatives. Another salient feature of Crusius’ moral teaching is the stress laid on the sphere (...) of internal motives. It is the inner motive that determines the morality of an act, rather than the external form of the act. These and some other features of Crusius’ ethics suggest a possible influence of Crusius on Kant. The possibility of such influence has repeatedly come under close scrutiny. The first works devoted to this problem date to the turn of the nineteenth and twentieth centuries. Pointers to the possibility of such influence are semantic and structural similarities of the two thinkers’ systems. Besides, it is an unchallengeable fact that Kant was fairly familiar with the main theses of Crusian philosophy. Some scholars proceed from the study of Kantian vocabulary. Some of the terms Kant uses, especially in his early works which later formed the basis of his ethical teaching in the critical period, can be traced to the terms of Crusian philosophy. However, an alternative view is that Kant was primarily influenced by Wolffian philosophy (mainly through Baumgarten), while the direct influence of Crusius remains unproven. I examine both points of view and propose my own solution to the problem. (shrink)

The attempt to derive (rather than assume) the statistical postulate of quantum theory from the many-universes interpretation of Everett and De Witt is analyzed The many-universes interpretation is found to be neither necessary nor sufficient for the task.

Argument-places play an important role in our dealing with relations. However, that does not mean that argument-places should be taken as primitive entities. It is possible to give an account of ‘real’ relations in which argument-places play no role. But if argument-places are not basic, then what can we say about their identity? Can they, for example, be reconstructed in set theory with appropriate urelements? In this article, we show that for some relations, argument-places cannot be modeled in aneutralway in (...) V[A], the cumulative hierarchy with basic ingredients of the relation as urelements. We argue that a natural way to conceive of argument-places is to identify them with abstract, structureless points of a derivative structure exemplified by positional frames. In case the relation has symmetry, these points may be indiscernible. (shrink)

Abstract. We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because of (...) their possession of certain characteristics in addition to their humanity (for example, an immediately exercisable capacity for self-consciousness, or for rational deliberation), have full moral worth. What distinguishes human beings from other animals, what makes human beings persons rather than things, is their rational nature, and human beings are rational creatures by virtue of possessing natural capacities for conceptual thought, deliberation, and free choice, that is, the natural capacity to shape their own lives. (shrink)

We study the logical structure of relations, and in particular the notion of occurrences of objects in a state. We start with formulating a number of principles for occurrences and defining corresponding mathematical models. These models are analyzed to get more insight in the formal properties of occurrences. In particular, we prove uniqueness results that tell us more about the possible logical structures relations might have.

This chapter offers an overview of the phenomenological approach to delusions, emphasizing what Karl Jaspers called the "true delusions" of schizophrenia. Phenomenological psychopathology focuses on the experience of delusions and the delusional world. Several features of this approach are surveyed, including emphasis on formal qualities of subjective life and questioning of standard assumptions about delusions as erroneous belief. The altered modalities of world-oriented and self-oriented experience that precede and ground delusions in schizophrenia, especially the experiences of revelation that Klaus Conrad (...) termed the outer and inner apophany, are then discussed. The chapter first considers the famous "delusional mood", then the role of ipseity-disturbance. In both cases it is explained how delusions can develop out of these distinctive alterations of perception and feeling. The classic question of the understandability or comprehensibility of schizophrenic delusion, together with the related issues of wish-fulfillment and rationalizing motives are then considered. The chapter addresses the crucial but neglected issue of the felt reality-status of delusions or the delusional world, discussing derealization, "double bookkeeping", and "double exposure". The chapter concludes by discussing delusions typically found in paranoid and affective psychoses, and monothematic delusions found in certain organic conditions. (shrink)

In their "traite de l'argumentation" perelman olbrechts indicate five factors contributing to the forces of arguments. the present paper is an analysis of each of these five factors taken in isolation; it indicates directions for operationalization of these factors. it stresses moreover that this multidimensional concept if it is to be used must lead to a weighted function of the five variables in order to be able to use the concept of "force of an argument." the absence of this weighted (...) function in po is deplored and it is argued that no theory of argumentation, even if it decides to remain completely descriptive, can be developed without definition of this weighted function. (shrink)