Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in (...) action. (shrink)

Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in (...) action. (shrink)

Identifying, classifying, and analyzing arguments in legal discourse has been a prominent area of research since the inception of the argument mining field. However, there has been a major discrepancy between the way natural language processing (NLP) researchers model and annotate arguments in court decisions and the way legal experts understand and analyze legal argumentation. While computational approaches typically simplify arguments into generic premises and claims, arguments in legal research usually exhibit a rich typology that is important for gaining insights (...) into the particular case and applications of law in general. We address this problem and make several substantial contributions to move the field forward. First, we design a new annotation scheme for legal arguments in proceedings of the European Court of Human Rights (ECHR) that is deeply rooted in the theory and practice of legal argumentation research. Second, we compile and annotate a large corpus of 373 court decisions (2.3M tokens and 15k annotated argument spans). Finally, we train an argument mining model that outperforms state-of-the-art models in the legal NLP domain and provide a thorough expert-based evaluation. All datasets and source codes are available under open lincenses at https://github.com/trusthlt/mining-legal-arguments. (shrink)

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

This paper argues that we should replace the common classification of theories of welfare into the categories of hedonism, desire theories, and objective list theories. The tripartite classification is objectionable because it is unduly narrow and it is confusing: it excludes theories of welfare that are worthy of discussion, and it obscures important distinctions. In its place, the paper proposes two independent classifications corresponding to a distinction emphasised by Roger Crisp: a four-category classification of enumerative theories (about which items constitute (...) welfare), and a four-category classification of explanatory theories (about why these items constitute welfare). (shrink)

This chapter surveys hybrid theories of well-being. It also discusses some criticisms, and suggests some new directions that philosophical discussion of hybrid theories might take.

Group-based reasons are reasons to play one’s part in some pattern of action that the members of some group could perform, because of the good features of the pattern. This paper discusses three broad conceptions of such reasons. According to the agency-first conception, there are no group-based reasons in cases where the relevant group is not or would not be itself an agent. According to the behaviour-first conception, what matters is that the other members of the group would play their (...) parts in the relevant pattern, not whether they would have the cooperative intentional states constitutive of group agency in doing so. This paper argues against these conceptions and in favour of the powers-first conception, according to which what matters is that the members of the group have practically relevant powers. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Difficult Atheism shows how contemporary French philosophy is rethinking the legacy of the death of God in ways that take the debate beyond the narrow confines of atheism into the much broader domain of post-theological thinking. Christopher Watkin argues that Alain Badiou, Jean-Luc Nancy and Quentin Meillassoux each elaborate a distinctive approach to the post-theological, but that each approach still struggles to do justice to the death of God.

From the earliest times, American ethics, the rules for the moral \& intellectual life of the West, used to be founded upon the two principles of self-reliance and good neighborliness. Here we consider the underlying functions of neural brain circuits, organic structures that have evolved adaptively by Darwinian rules subject to selection pressure. In the left brain resides our self-reliant private Ego, making plans, launching initiatives. Your public Ego dwells in the right brain, looking around, meeting with your friendly neighbor. (...) A main component is our bilateral interior cosmos, providing us with all the detailed information about our environment as well as the universe at large. (shrink)

This article proposes a way of understanding Kantianism, act-utilitarianism and some other important ethical theories according to which they are all versions of the same kind of theory, sharing a common structure. I argue that this is a profitable way to understand the theories discussed. It is charitable to the theories concerned; it emphasizes the common ground between them; it gives us insights into the differences between them; and it provides a method for generating new ethical theories worth studying. The (...) article briefly discusses the relationship between these ideas and some other recent proposals that emphasize the common ground between Kantianism and versions of consequentialism. (shrink)

One recently popular strategy for avoiding the moral error theory is via a ‘companions in guilt’ argument. I focus on those recently popular arguments that take epistemic facts as a companion in guilt for moral facts. I claim that there is an internal tension between the two main premises of these arguments. It is a consequence of this that either the soundness or the dialectical force of the companions in guilt argument is undermined. I defend this claim via (i) analogy (...) with philosophical debates concerning the indispensability of mathematical objects to natural science, and (ii) discussion of the ‘entanglement’ of epistemic concepts and moral concepts in deliberation. I conclude by proposing a positive view of what kind of argument must be used if moral error theories are to be successfully undermined. (shrink)

Authentizitat ist ein in unserem kulturellen Raum allgegenwartiges Phanomen. Doch wem oder was begegnen wir, wenn wir meinen, uns selbst verwirklichen oder alternativ einfach uns selbst treu sein zu mussen? Christoph Wiesinger zeigt, dass wir auf ein Selbst geworfen werden, das zwar als homogener Nukleus der Person projiziert werden kann, sich aber bei genauerem Hinsehen als komplexe sozial verinnerlichte Struktur entpuppt. Das Selbst ist keineswegs objektiv zu fassen, sondern unterliegt sozialen Genesen und wird durch soziale Adressierung unterschiedlich formiert. Das (...) Ereignis von Authentizitat gibt somit Anlass zur Reflexion der Differenz zwischen Erwartung und Erfahrung. Christoph Wiesinger legt die Strukturen des Phanomens der Authentizitat frei, zeigt die theologischen Implikationen auf und diskutiert die praktisch-theologischen Konsequenzen. (shrink)

Die Kernthese der Paracelsischen Naturphilosophie, die Ahnlichkeit von Mensch und Welt, festgelegt in der Analogie von Mikro- und Makrokosmos, enthullt einen -Code-, der als konstitutives Moment samtliche Aussagen auf einer prakonzeptionellen Ebene organisiert, samtliche Teilbereiche in ihrer funktionalen Bedeutung fur das -Ganze- markiert und schliesslich im Sinne Foucaults zu einer -diskursiven Formation- werden lasst. Die auf diese Weise vorgefuhrte Erfahrungsform von Welt und Natur steht zu dem neuzeitlich-technischen Verfugungswissen in einer historischen Diskontinuitat.".

The essay brings a summation of human efforts seeking to understand our existence. Plato and Kant & cognitive science complete reduction of philosophy to a neural mechanism, evolved along elementary Darwinian principles. Plato in his famous Cave Allegory explains that between reality and our experience of it there exists a great chasm, a metaphysical gap, fully confirmed through particle-wave duality of quantum physics. Kant found that we have two kinds of perception, two senses: By the spatial outer sense we perceive (...) phenomena, objects in space. Our temporal inner sense lets us perceive our inner state, noumena . Kant's two senses are fully confirmed through bilateral brain duality of cognitive science. The bilateral brain serves inner, temporal sense, logic & noumena in the left hemisphere. The right brain half is for the outer, spatial sense, geometry & phenomena. We form a whole system, a bilateral interior cosmos, a kind of world model, expressing what may lie beyond the metaphysical gap. In the right brain we build a phenomenal cosmos, to resemble the outer environment. In the brain's left hemisphere a noumenal cosmos, a model of our private world including Saint Teresa of Avila's castillo interior. The cosmos is regularly updated with novel sense data integrated into our memory banks. This was recognized early by Helmholtz (1860s). Our lives, health & well-being depend on us keeping our interior cosmos in good order. This used to be seen as saving one's precious soul from perdition. While we endeavour to keep our phenomenal cosmos neat & orderly by protecting the environment from harm, our noumenal cosmos to be livable requires us to engage in ethical conduct. This bilateral cosmos is responsible for our common sense judgment power, that we depend on for being able to lead a good & benign life. The 200 million neurons of BA10 in the prefrontal lobe have global access to the interior cosmos, & apply massive feedback to identify environmental conditions rapidly. The global access also gives conscious presence of the individual to itself, all that is present in the interior cosmos, for total freedom of action. In the left brain private ego, we are guarded by faith in divine mercy, & guided to choose the best course of action, able to survive under the most adverse conditions. For this, we receive directions from the Holy Ghost in Saint Teresa's castillo interior. (shrink)

Basing his view on the object relations theories of the "British School" of psychoanalysis, Christopher Bollas examines the human subject's memories of its earliest experiences (during infancy and childhood) of the object, whether it be mother, father, or self. He explains in well-written and non-technical language how the object can affect the child, or "cast in shadow," without the child being able to process this relation through mental representations of language.

Conscious existence is the product of a neural brain mechanism, which is largely identical with Immanuel Kant's Oneness Function, a service performed by 200 million neurons in the prefrontal lobe, & makes possible our interior cosmos, the record of our interconnected, or general, experience. Essential for us humans is the well-being of our interior cosmos, or Saint Teresa of Avila's interior castle, in all interactions with each other \& the greater environment. Any disorders of our cosmos are liable to make (...) us fall ill, setting our existence on a path of psychosomatic etiology of a large class of mysterious undiagnosed diseases. (shrink)

Recent advances in neuroscience lead to a wider realm for philosophy to include the science of the Darwinian-evolved computational brain, our inner world producing organ, a non-recursive super- Turing machine combining 100B synapsing-neuron DNA-computers based on the genetic code. The whole system is a logos machine offering a world map for global context, essential for our intentional grasp of opportunities. We start from the observable contrast between the chaotic universe vs. our orderly inner world, the noumenal cosmos. So far, philosophy (...) has been rehearsing our thoughts, our human-internal world, a grand painting of the outer world, how we comprehend subjectively our experience, worked up by the logos machine, but now we seek a wider horizon, how humans understand the world thanks to Darwinian evolution to adapt in response to the metaphysical gap, the chasm between the human animal and its environment, shaping the organism so it can deal with its variable world. This new horizon embraces global context coded in neural structures that support the noumenal cosmos, our inner mental world, for us as denizens of the outer environment. Kant’s inner and outer senses are fundamental ingredients of scientific philosophy. Several sections devoted to Heidegger, his lizard debunked, but his version of the metaphysical gap & his doctrine of the logos praised. Rorty and others of the behaviorist school discussed also. (shrink)

Impressions, energy radiated by phenomena in the momentary environmental scene, enter sensory neurons, creating in afferent nerves a data stream. Following Kant, by our inner sense the mind perceives its own thoughts as it ties together sense data into an internalized scene. The mind, residing in the brain, logically a Language Machine, processes and stores items as coded grammatical entities. Kantian synthetic unity in the linguistic brain is able to deliver our experience of the scene as we appear to see (...) it. Uniquely, the brain records its own history, synthesizing a Movie-in-the-Brain, called the Noumenal Cosmos. Attempting thereby to represent the actual Universe, this makes for a sovereign brain that governs itself. The brain is domicile of an Ego, with its selfhood at stake at all times. Yet, it can know itself only by its actions, in which it appears as an actor in its own movie. Phenomena enter garbled, as confused apparitions, and must be put in good form using top–down feedback control by Ego, so that each movie frame makes rational sense within the overall context of the Noumenal Cosmos. A stack of frames is processed typically in 40 Hz rhythm with 300 ms process time each, for about 12 in the stack at any time. Successive neural centers are processing the stack in the brain assembly line, based on data from increasingly global receptive fields. Ego stitches together the movie frames, but only the top frame is in consciousness for 25 ms. The top frame contains the whole scene where the Ego makes an appearance as the actor that imposes Kantian synthetic unity on the scene, merely an assembly of grammatical texts, in a system-internal coded process language, fitting the scene into the Noumenal Cosmos. But Ego observes Ego only to the extent permitted by the objectivity rule, only what it does and thinks, not its true face. From the Noumenal Cosmos, the Ego receives grammatical messages in the internal sense code. They are integrated into a whole in the reaction of the Ego to the momentary scene. The voluntary nature of Ego’s decisions is explained, based on its ability to code in advance its own actions sequentially in time, as it sees fit with a view to an orderly Noumenal Cosmos, records of code being arranged spatially in neural structures. (shrink)

Origin of the Yellowstone hotspot & Columbia River Basalts has remained uncertain until now. Here, we present evidence of meteorite impact origin. The hotspot is shallow, only 200 km deep, invalidating a theory of mantle plume origin. The hotspot track runs from the Yellowstone National Park in NW Wyoming to the volcanic Modoc Plateau in NE California. We present evidence of apparent remnants of an impact crater existing in the Modoc, a large multi-ring structure at least 160 km diameter. Much (...) of the complex crater has become obliterated by later Cascadia and Sierra orogenies. The crater has a tall 4,100 foot central uplift cone, locally known as Chalk Mountain, consisting of diatomaceous earth, presumably the rebound cone of a meteorite impact. This falsifies a theoretical prohibition of cosmic impact volcanism. Based on recent insights into explosive volcanism a plausible mechanism is proposed for how meteorite impacts can lead to resurgent calderas of the Yellowstone type, & of apparent LIP origin from thin crust ET impacts, invalidating theoretical constructs of mantle plumes. We mention chaotic terrains, including plutons, arising antipodal to impacts. (shrink)

In this article Cristoph Wulf examines the basic concepts of pedagogy and educational science in the German-speaking world, looking at education and socialization from the perspective of educational anthropology. He makes evident that the complex German concept of Bildung, in particular, can only be fully understood by means of a historical and philosophical analysis.

This paper connects two ideas. The first is that some common responses to ethical views are responses to their degrees of pragmatism, where a view’s degree of pragmatism is its sensitivity to ethically relevant changes in the actor’s circumstances. I claim that we feel the pull of opposing pro-pragmatic and antipragmatic intuitions in certain cases. This suggests a project, of searching for an ethical view capable of doing justice to these opposing intuitions in some way. The second central idea is (...) that a theory of pattern-based reasons looks more promising than the obvious alternatives to fulfil this role, amongst Teleological theories at least. Pattern-based reasons are reasons to perform some action because of the goodness or rightness of a larger pattern of action—such as a pattern that a group could perform or that the actor could perform over an extended period—of which the immediate action is a mere part. Existing theories of such reasons share two features that prevent them explaining the intuitions we wish to explain: they consider only one pattern at a time (they are monist), and they treat patterns as eligible only if the agents concerned are willing to realise them (they accept the Willingness Requirement). But we need not accept these doctrines. Moreover, a theory of patternbased reasons without them is able to explain the pro- and anti-pragmatic intuitions in an elegant way, and has other attractive features. (shrink)

Although gay and lesbian theory may posit homosexuality as an oppositional challenge to heteronormativity, the author argues that homosexuality and heterosexuality share a common structure of desire that is based upon choosing the gender of one’s partner from only one gender in a binary gender framework. For this reason, the author introduces the term ‘monosexual’ to designate any sexual orientation, whether homosexual or heterosexual, which makes a single gender category into an exclusive criterion for selecting partners. As an alternative to (...) these “oppositional” logics, the author argues that bisexuality may be distinguished through its focus on desire regardless of the gender category of one’s partner. This alternative raises questions about logical theories that posit conceptual oppositions as necessary to intelligibility. (shrink)

One of the most important elements of Hegel’s philosophical anthropology is his moral psychology. In particular, his understanding of the relation between motivations and reason plays a crucial intermediate role in connecting his anthropological meditations on the complete nature of the human being with his political theory of actualized freedom. Whereas recent important work on Hegel’s moral psychology has detected a Kantian distinction between natural desires and the rational perspective, the activity of practical reason actually takes place within motivations themselves (...) on Hegel’s view. The exercise of the free, rational will is best understood in terms of its role in shaping the experience of malleable, indeterminate motivations. Rather than stepping back, the free agent on Hegel’s account delves further into the motivation, acting on it in the dual sense of being guided by and transforming it. This is what it means for Hegel to conceive of agency as self-expression while maintaining the centrality of reason for Free Will. Hegel says that when we go further into the motivations in this way, we should stop speaking of motivation in terms of drives and instead begin speaking of character. (shrink)

In this essay, our goal is to discover science in Martin Heidegger's Introduction to Metaphysics, lecture notes for his 1935 summer semester course, because, after all, his subject is metaphysica generalis, or ontology, and this could be construed as a theory of the human brain. Here, by means of verbatim quotes from his text, we attempt to show that indeed these lectures can be viewed as suggestion for an objective scientific theory of human perception, the human capacity for deciphering phenomena, (...) ie. hermeneutics in its broadest sense. His added notes from the 1953 edition, all of which are comments, not corrections, imply that he never abandoned these thoughts on metaphysics, despite all of his utterances about a need to overcome it, and their popular interpretations to that effect. In his presentation, he further develops the colorful and intuitive style, an hermeneutic language, that he had created in his earlier work Being and Time. Of human existence he speaks in such expressions as being-there -- ``Dasein" -- and being-in-the-world, the latter term no longer explicit in the 1935 lectures. The lectures can be read as a pre-scientific analysis of how man, being-there, perceives his environment, artfully managing to deal with the manifold challenges posed by the phenomenal structures of the universe. Man attentively recognizes and deciphers their pre-linguistic contents and, while trying to make sense of it all, puts into words his awareness. There are numerous passages in Heidegger's work where he in fairly concrete terms provides us with hints for a perceptive science that, as it turns out and is demonstrated below in this essay, can be explained in terms of recent advances in neuroscience. It would be implausible, even unthinkable, unimaginable, for there not to be found essential agreement between on one hand his philosophical insights gained by hermeneutics of Dasein, into how our brain functions to let us know what's happening & on the other hand, scientific discoveries obtained through anatomy, EEG, fMRI, TMS, electrode implants, etc, of brain structures & functions employed in perception of the momentary scene. A nexus between science and philosophy is provided in Heidegger's definitive treatment of the Logos, here interpreted as a structural version of Platonic forms (Burchard, 2014). This allows for neurolinguistic brain functions to serve as meta-context for Heidegger's being-in-the-world. The logical functions of Dasein's anatomical brain are performed by the logos machine, formerly the human soul, using top-down processing based on a global context, the noumenal cosmos which humans maintain internally. Heidegger's 1942/43 winter semester lectures Parmenides extend in unbroken fashion his 1935 work, proving that he never abandoned, as is widely claimed, his metaphysical avenue of thought. (shrink)

Guided by key insights of the four great philosophers mentioned in the title, here, in review of and expanding on our earlier work (Burchard, 2005, 2011), we present an exposition of the role played by language, & in the broader sense, λογοζ, the Logos, in how the CNS, the brain, is running the human being. Evolution by neural Darwinism has been forcing the linguistic nature of mind, enabling it to overcome & exploit the cognitive gap between an animal and (...) its world by recognizing environmental structures. Our work was greatly influenced by Heidegger’s lecture notes on metaphysics (Heidegger, 1935). We found agreement with recent progress in neuroscience, but also mathematical foundations of language theory, equating Logos with the mathematical concept of structure. The mystery of perception across the gap is analyzed as radiation and molecules impinging on sensory neurons that carry linguistic information about gross environmental structures, and only remotely about the physical reality of elementary particles. The most important logical brain function is Ego or Self, guiding the workings of the brain as a logos machine. Ego or Self operates from neurons in frontopolar cortex with global receptive fields. The logos machine can function only by availing itself of global context, its internally stored noumenal cosmos NK, and the categorical-conceptual apparatus CCA, updated continually through the neural default mode network (Raichle, 2005). In the Transcendental Deduction, Immanuel Kant discovered that Ego or Self is responsible for conscious control in perception relying on concepts & categories for a fitting percept to be incorporated intoNK. The entire CNS runs as a “movie-in-the-brain” (Parvizi & Damasio, 2001), at peak speed processing simultaneously in a series of cortical centers a stack of up to twelve frames in gamma rhythm of 25 ms intervals. We equate global context, or NK, with our human world, Heidegger’s Dasein being-in-the-world, and are able to demonstrate that the great philosopher in EM parallels neuro-science concerning the human mind. (shrink)

What makes philosophy on the continent of Europe so different and exciting? And why does it have such a reputation for being 'difficult'? Continental philosophy was initiated amid the revolutionary ferment of the 18th century, philosophers such as Kant and Hegel confronting the extremism of the time with theories that challenged the very formation of individual and social consciousness. Covering the great philosophers of the modern and postmodern eras – from Nietzsche, Heidegger, Derrida and Deleuze right to up Agamben and (...) Žižek – and philosophical movements from German idealism to deconstruction and feminism – Christopher Kul-Want and Piero brilliantly elucidate some of the most thrilling and powerful ideas ever to have been discussed. (shrink)

Here, for the first time, Christopher Kul-Want brings together twenty-five texts on art written by twenty philosophers. Covering the Enlightenment to postmodernism, these essays draw on Continental philosophy and aesthetics, the Marxist intellectual tradition, and psychoanalytic theory, and each is accompanied by an overview and interpretation. The volume features Martin Heidegger on Van Gogh's shoes and the meaning of the Greek temple; Georges Bataille on Salvador Dal’'s The Lugubrious Game; Theodor W. Adorno on capitalism and collage; Walter Benjamin and Roland (...) Barthes on the uncanny nature of photography; Sigmund Freud on Leonardo Da Vinci and his interpreters; Jacques Lacan and Julia Kristeva on the paintings of Holbein; Freud's postmodern critic, Gilles Deleuze on the visceral paintings of Francis Bacon; and Giorgio Agamben on the twin traditions of the Duchampian ready-made and Pop Art. Kul-Want elucidates these texts with essays on aesthetics, from Hegel and Nietzsche to Badiou and Rancire, demonstrating how philosophy adopted a new orientation toward aesthetic experience and subjectivity in the wake of Kant's powerful legacy. (shrink)

This chapter examines Karl Jaspers’s influential distinction between understanding and explaining, and its significance in psychiatry. It first outlines one way of interpreting the distinction, on which it is connected to the distinction between singular and general causal claims. It then discusses one reason for thinking that understanding has an essential role to play in psychiatry: Not achieving at least some level of understanding in the context of dealing with psychiatric patients would constitute a particular kind of epistemic failure—a failure (...) to recognize their illness for the particular type of illness it is. Drawing on some ideas recently put forward by Kenneth Kendler and John Campbell, it also illustrates the particular kind of understanding that is crucial in this context. (shrink)

Details the role that giants have played in the history of humankind. _...style is breezy and accessible...a pleasant browse._ --BOOKLIST.