claudio michelon | University of Edinburgh (original) (raw)
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Papers by claudio michelon
Social Science Research Network, 2020
Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridad... more Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridade, seja teorica, seja pratica. Todavia, na medida em que a doutrina se atribua autoridade, esta deve ser fundada em algo que doutrinadores sao especialmente capazes de fazer. O presente artigo defende a tese de que um dos predicados mais distintivos de doutrinadores e sua habilidade de produzir argumentos de tipo similar (ainda que nao identico) ao da Inferencia a melhor explicacao. English Abstract: It is not very clear that doctrinal scholarship should be assigned any theoretical or practical authority, but to the extent that it is, this authority should be predicated on something doctrinal scholars are particularly good at. The paper argues that one of their most distinctive qualities is the ability to produce arguments that are somehow similar, albeit not identical, to Inferences to the best explanation.
Social Science Research Network, 2017
order to decide what to do. As a result of this ill-advised assumption, the moral agent is aliena... more order to decide what to do. As a result of this ill-advised assumption, the moral agent is alienated from a whole wealth of methods of decision-making that I claim are, under certain conditions, morally pennissible or even, more controversially, morally compulsory. Contrary to that, I believe that the substantive moral rules that apply to decision-making processes are rather more complex. The fact that so much of contemporary practical philosophy assumes that reasoning is always the best way to make decisions is at least partly due to the lack of a clear distinction between reasoning as a way that leads to the morally correct action and reasoning as a means to know what is the morally correct action. The failure to understand the distinction between those two modalities of reasoning processes blurs the perception of the peculiar moral rules that apply to the use of reasoning as a tool of moral decision-making. My claim that there is a complex relation between the morality of actions and the morality of decision-making methods is not to be confused with the much more familiar claim that the rationality (in the sense of means-end calculation1) of decision-making is independent of the morality of the action to be performed. What is at stake is the morality of decision-making processes and their relation to the morality of the actions performed as a result of the decision-making processes. This complex relation is a recurring theme in many of the arguments presented below, notably in the first and the fourth chapters. However, the fact that there is a distinction between the morality of decision-making and the morality of actions does not imply that there is no relation between them. Indeed, I shall try to explain this connection in chapter four, in doing so, I expect to clarify the moral relevance ofthe distinction. The alienation between the moral agent and her decision-making might take yet another form. Namely, it might take the form of an argument that tries to justify the thesis that some sorts of rational decision-making, notably public decision-making, should be regarded as 'non-comprehensive' or 'non-plenary'. I use those expressions to refer to processes of decision-making in which the agent should not use all the reasons that could 1 Pursuing this sort of 'rationality', means to engage into what Habennas 'pragmatic discourse' which, as he pointed out, is only one sort of practical discourse (see his Between Facts and Norms Translated by William Rehg, Cambridge: Polity Press, 1996, p. 151-168, see also his On the Pragmatic, the Ethical and the Moral Employments of Practical Reason in Habermas, Jurgen Justification and Application: Remarks on Discourse Ethics (Transl. by Ciaran P. Cronin) Cambrige/Mass: MIT Press, 1993, pp. 1-17.
Edinburgh Law Review, Sep 1, 2018
Law School. The article benefited from comments received after my inaugural lecture (during which... more Law School. The article benefited from comments received after my inaugural lecture (during which the argument herein was first aired), and in seminars hosted by the Edinburgh Centre for Legal Theory, Durham Law School (as a JurisNorth event), and Pompeo Fabra University. I would also like to thank the reviewers for very helpful comments.
Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridad... more Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridade, seja teorica, seja pratica. Todavia, na medida em que a doutrina se atribua autoridade, esta deve ser fundada em algo que doutrinadores sao especialmente capazes de fazer. O presente artigo defende a tese de que um dos predicados mais distintivos de doutrinadores e sua habilidade de produzir argumentos de tipo similar (ainda que nao identico) ao da Inferencia a melhor explicacao. English Abstract: It is not very clear that doctrinal scholarship should be assigned any theoretical or practical authority, but to the extent that it is, this authority should be predicated on something doctrinal scholars are particularly good at. The paper argues that one of their most distinctive qualities is the ability to produce arguments that are somehow similar, albeit not identical, to Inferences to the best explanation.
Oxford Journal of Legal Studies, 2019
Courts use inferences to the best explanation in many contexts and for a * Professor of Philosoph... more Courts use inferences to the best explanation in many contexts and for a * Professor of Philosophy of Law, Edinburgh Law School. I am grateful to Luís Duarte d'Almeida for discussion on early drafts of this article and for comments by Eveline Feteris, John Gardner, Jaap Hage, Euan MacDonald, Neil Walker, and two anonymous OJLS referees. Earlier versions were presented at the Universities of Edinburgh, Maastricht, Pará, and Pompeo Fabra and the discussion in each of those occasions had a clear and positive impact on the final product. 1 [1991] 2 AC 548. 2 ibid 578. 3 ibid. 4 ibid at [G]. 5 ibid 578-579. 6 ibid 579 at [B]-[E].
Oxford University Press eBooks, Mar 23, 2023
Social Science Research Network, 2018
Oxford University Press eBooks, Apr 18, 2023
Restitution Law Review, 2014
Netherlands journal of legal philosophy, Dec 1, 2022
Social Science Research Network, Apr 1, 2016
Virtue Ethics has had relatively little impact in legal theory and in the theory of legal reasoni... more Virtue Ethics has had relatively little impact in legal theory and in the theory of legal reasoning. This paper (a) discusses some crucial reasons why that is the case and tries to identify the burdens of relevance that a theory of virtue has to discharge in order to be taken seriously in theories of legal decision-making. It the (b) discusses the relationship between rule-following the capacity to identify exceptional cases. It does so by analysing the perceptive aspect of prudence using the broader Thomistic ‘inner senses’ and by explaining how those inner senses generate both a zone of perceptual clarity and a peripheral perceptual zone. FInally, it (c) deals with some potential problems of translating a general account of moral perception into the specific context of legal decision-making.
SSRN Electronic Journal, 2022
SSRN Electronic Journal, 2022
The efficient management of interval sequences represents a core requirement for many temporal an... more The efficient management of interval sequences represents a core requirement for many temporal and spatial database applications. With the Relational Interval Tree (RI-tree), an efficient access method has been proposed to process intersection queries of spatial objects encoded by interval sequences on top of existing object-relational database systems. This paper complements that approach by effective and efficient models to estimate the selectivity and the I/O cost of interval sequence intersection queries in order to guide the cost-based optimizer whether and how to include the RI-tree into the execution plan. By design, the models immediately fit to common extensible indexing/optimization frameworks, and their implementations exploit the built-in statistics facilities of the database server. According to our experimental evaluation on an Oracle database, the average relative error of the estimated query results and costs lies in the range of 0% to 32%, depending on the size and the structural complexity of the query objects.
Latin American Legal Studies, 2021
In this paper the author challenges the liberal vision of the private sphere as a realm of in whi... more In this paper the author challenges the liberal vision of the private sphere as a realm of in which agents are justified in acting without taking into consideration anyone else’s interests. The private realm cannot be thought in isolation of public law, which should in turn be conceived as an embodiment of the mutual interest of the members of that group in the flourishing of one another.
Social Science Research Network, 2020
Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridad... more Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridade, seja teorica, seja pratica. Todavia, na medida em que a doutrina se atribua autoridade, esta deve ser fundada em algo que doutrinadores sao especialmente capazes de fazer. O presente artigo defende a tese de que um dos predicados mais distintivos de doutrinadores e sua habilidade de produzir argumentos de tipo similar (ainda que nao identico) ao da Inferencia a melhor explicacao. English Abstract: It is not very clear that doctrinal scholarship should be assigned any theoretical or practical authority, but to the extent that it is, this authority should be predicated on something doctrinal scholars are particularly good at. The paper argues that one of their most distinctive qualities is the ability to produce arguments that are somehow similar, albeit not identical, to Inferences to the best explanation.
Social Science Research Network, 2017
order to decide what to do. As a result of this ill-advised assumption, the moral agent is aliena... more order to decide what to do. As a result of this ill-advised assumption, the moral agent is alienated from a whole wealth of methods of decision-making that I claim are, under certain conditions, morally pennissible or even, more controversially, morally compulsory. Contrary to that, I believe that the substantive moral rules that apply to decision-making processes are rather more complex. The fact that so much of contemporary practical philosophy assumes that reasoning is always the best way to make decisions is at least partly due to the lack of a clear distinction between reasoning as a way that leads to the morally correct action and reasoning as a means to know what is the morally correct action. The failure to understand the distinction between those two modalities of reasoning processes blurs the perception of the peculiar moral rules that apply to the use of reasoning as a tool of moral decision-making. My claim that there is a complex relation between the morality of actions and the morality of decision-making methods is not to be confused with the much more familiar claim that the rationality (in the sense of means-end calculation1) of decision-making is independent of the morality of the action to be performed. What is at stake is the morality of decision-making processes and their relation to the morality of the actions performed as a result of the decision-making processes. This complex relation is a recurring theme in many of the arguments presented below, notably in the first and the fourth chapters. However, the fact that there is a distinction between the morality of decision-making and the morality of actions does not imply that there is no relation between them. Indeed, I shall try to explain this connection in chapter four, in doing so, I expect to clarify the moral relevance ofthe distinction. The alienation between the moral agent and her decision-making might take yet another form. Namely, it might take the form of an argument that tries to justify the thesis that some sorts of rational decision-making, notably public decision-making, should be regarded as 'non-comprehensive' or 'non-plenary'. I use those expressions to refer to processes of decision-making in which the agent should not use all the reasons that could 1 Pursuing this sort of 'rationality', means to engage into what Habennas 'pragmatic discourse' which, as he pointed out, is only one sort of practical discourse (see his Between Facts and Norms Translated by William Rehg, Cambridge: Polity Press, 1996, p. 151-168, see also his On the Pragmatic, the Ethical and the Moral Employments of Practical Reason in Habermas, Jurgen Justification and Application: Remarks on Discourse Ethics (Transl. by Ciaran P. Cronin) Cambrige/Mass: MIT Press, 1993, pp. 1-17.
Edinburgh Law Review, Sep 1, 2018
Law School. The article benefited from comments received after my inaugural lecture (during which... more Law School. The article benefited from comments received after my inaugural lecture (during which the argument herein was first aired), and in seminars hosted by the Edinburgh Centre for Legal Theory, Durham Law School (as a JurisNorth event), and Pompeo Fabra University. I would also like to thank the reviewers for very helpful comments.
Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridad... more Portuguese Abstract: Nao e pacifico que a doutrina juridica deva ser atribuida qualquer autoridade, seja teorica, seja pratica. Todavia, na medida em que a doutrina se atribua autoridade, esta deve ser fundada em algo que doutrinadores sao especialmente capazes de fazer. O presente artigo defende a tese de que um dos predicados mais distintivos de doutrinadores e sua habilidade de produzir argumentos de tipo similar (ainda que nao identico) ao da Inferencia a melhor explicacao. English Abstract: It is not very clear that doctrinal scholarship should be assigned any theoretical or practical authority, but to the extent that it is, this authority should be predicated on something doctrinal scholars are particularly good at. The paper argues that one of their most distinctive qualities is the ability to produce arguments that are somehow similar, albeit not identical, to Inferences to the best explanation.
Oxford Journal of Legal Studies, 2019
Courts use inferences to the best explanation in many contexts and for a * Professor of Philosoph... more Courts use inferences to the best explanation in many contexts and for a * Professor of Philosophy of Law, Edinburgh Law School. I am grateful to Luís Duarte d'Almeida for discussion on early drafts of this article and for comments by Eveline Feteris, John Gardner, Jaap Hage, Euan MacDonald, Neil Walker, and two anonymous OJLS referees. Earlier versions were presented at the Universities of Edinburgh, Maastricht, Pará, and Pompeo Fabra and the discussion in each of those occasions had a clear and positive impact on the final product. 1 [1991] 2 AC 548. 2 ibid 578. 3 ibid. 4 ibid at [G]. 5 ibid 578-579. 6 ibid 579 at [B]-[E].
Oxford University Press eBooks, Mar 23, 2023
Social Science Research Network, 2018
Oxford University Press eBooks, Apr 18, 2023
Restitution Law Review, 2014
Netherlands journal of legal philosophy, Dec 1, 2022
Social Science Research Network, Apr 1, 2016
Virtue Ethics has had relatively little impact in legal theory and in the theory of legal reasoni... more Virtue Ethics has had relatively little impact in legal theory and in the theory of legal reasoning. This paper (a) discusses some crucial reasons why that is the case and tries to identify the burdens of relevance that a theory of virtue has to discharge in order to be taken seriously in theories of legal decision-making. It the (b) discusses the relationship between rule-following the capacity to identify exceptional cases. It does so by analysing the perceptive aspect of prudence using the broader Thomistic ‘inner senses’ and by explaining how those inner senses generate both a zone of perceptual clarity and a peripheral perceptual zone. FInally, it (c) deals with some potential problems of translating a general account of moral perception into the specific context of legal decision-making.
SSRN Electronic Journal, 2022
SSRN Electronic Journal, 2022
The efficient management of interval sequences represents a core requirement for many temporal an... more The efficient management of interval sequences represents a core requirement for many temporal and spatial database applications. With the Relational Interval Tree (RI-tree), an efficient access method has been proposed to process intersection queries of spatial objects encoded by interval sequences on top of existing object-relational database systems. This paper complements that approach by effective and efficient models to estimate the selectivity and the I/O cost of interval sequence intersection queries in order to guide the cost-based optimizer whether and how to include the RI-tree into the execution plan. By design, the models immediately fit to common extensible indexing/optimization frameworks, and their implementations exploit the built-in statistics facilities of the database server. According to our experimental evaluation on an Oracle database, the average relative error of the estimated query results and costs lies in the range of 0% to 32%, depending on the size and the structural complexity of the query objects.
Latin American Legal Studies, 2021
In this paper the author challenges the liberal vision of the private sphere as a realm of in whi... more In this paper the author challenges the liberal vision of the private sphere as a realm of in which agents are justified in acting without taking into consideration anyone else’s interests. The private realm cannot be thought in isolation of public law, which should in turn be conceived as an embodiment of the mutual interest of the members of that group in the flourishing of one another.
