While research on object individuation assumes that even very young children are able to perceive objects as particulars, we argue that the results of relevant studies can be explained in terms of feature discrimination. We propose that children start out navigating the world with a feature‐based ontology and only later become able to individuate objects spatiotemporally. Furthermore, object individuation is a cognitively demanding achievement resting on a uniquely human form of enculturation, namely the acquisition of deictic demonstratives. We conclude by (...) outlining empirical expectations for operationalizations of our proposal. (shrink)

Journal of Philosophy of Education, EarlyView.

We argue that objectivity is acquired by learning to refer to particular situations, that is, by developing episodicity. This contrasts with the widespread idea that genericity is crucial in developing humans’ ability to conceive of an objective world. According to the collective intentionality account, objectivity is acquired by contrasting one’s particular perspective in the “here and now” with a generic group perspective on how things are generally. However, this line of argument rests on confusing two independent notions of genericity: social (...) and worldly genericity. Holding these two notions apart shows that there is no coherent developmental route from episodicity to objectivity via genericity. In effect, the collective intentionality account presupposes objectivity. Alternatively, episodicity may develop by enculturation into the common practice of spatial-indexical use. This ability establishes an initial, socially shared spatiotemporal reference system comprising the basis for objectivity. (shrink)

The ability to refer to objects – singular reference – is arguably the decisive innovation on the way to human propositional cognition. This article argues that object individuation requires singular reference because basic singular terms, namely spatial indexicals, provide a symbolic frame of reference for object individuation. The authors suggest that singular reference is intrinsically connected to essential characteristics of propositionality: among other things, it guarantees the situation-independence of meaning, allows for the distinction between truth and falsehood, and enables us (...) to think about possibilities. The authors sketch how singular reference gives rise to the development of predication, the powerful logical tool of quantification, and forms the basis for differentiating between belief and desire. (shrink)

The current understanding of cognitive development rests on the premise that infants can individuate objects early on. However, the so-called object-first account faces severe difficulties explaining extant empirical findings in object individuation tasks while alternative, more parsimonious explanations are available. In this paper, we assume that children start as feature-thinkers without being able to individuate objects and show how this ability can be learned by thinkers who do not already implicitly possess the notion of an object. Based on Tugendhat's ideas (...) on the relation between singular terms and object reference, we argue that spatial indexicals comprise the fundamental means of object individuation and describe how feature thinkers might acquire the complex substitutional system of spatial indexicals. In closing, two accounts of object cognition that do not rely on symbolic capacities, namely Pylyshyn's FINST indexes and Burge's perceptual objectivity, are critically discussed. (shrink)

Numerical magnitude information is assumed to be spatially represented in the form of a mental number line defined with respect to a body-centred, egocentric frame of reference. In this context, spatial language skills such as mastery of verbal descriptions of spatial position have been proposed to be relevant for grasping spatial relations between numerical magnitudes on the mental number line. We examined 4- to 5-year-old’s spatial language skills in tasks that allow responses in egocentric and allocentric frames of reference, as (...) well as their relative understanding of numerical magnitude. In addition, we evaluated influences of children’s absolute understanding of numerical magnitude assessed by their number word comprehension and of their knowledge on numerical sequences. Results indicated that when considering responses that corresponded to the egocentric perspective, children’s spatial language was associated significantly with their relative numerical magnitude understanding, even after controlling for covariates, such as children’s SES, mental rotation skills, and also absolute magnitude understanding or knowledge on numerical sequences. This suggests that the use of egocentric reference frames in spatial language may facilitate spatial representation of numbers along a mental number line and thus seem important for preschoolers’ relative understanding of numerical magnitude. (shrink)

Perner and Roessler Causing human action: new perspectives on the causal theory of action, MIT Press, Cambridge, MA, pp 199–228, 2010) hold that children who do not yet have an understanding of subjective perspectives, i.e., mental states, explain actions by appealing to objective facts. In this paper, we criticize this view. We argue that in order to understand objective facts, subjects need to understand perspectives. By analysing basic fact-expressing assertions, we show that subjects cannot refer to facts if they do (...) not understand two types of perspectivity, namely, spatial and doxastic perspectivity. To avoid conceptual confusion regarding different ways of referring to facts, we distinguish between reference to facts de re and de dicto. (shrink)

Among the philosophical accounts of reference, Quine’s The Roots of Reference stands out in offering an integrated account of the acquisition of linguistic reference and object individuation. Based on a non-referential ability to distinguish bodies, the acquisition of sortals and quantification are crucial steps in learning to refer to objects. In this article, we critically re-assess Quine’s account of reference. Our critique will proceed in three steps with the aim of showing that Quine effectively presupposes what he sets out to (...) explain, namely, reference to objects. We are going to argue that sortals do not individuate, that bodies are already objects, and that the acquisition of variables presupposes a notion of identity. The result is diagnostic of a central desideratum for any theory of reference: an explanation of spatiotemporal object individuation. (shrink)

Zur Sprache der Humanmedizin muss auch das Vokabular der tierexperimentellen Forschung gezählt werden, deren Paradigma sich im Begriff des ‚Tiermodells‘ ausdrückt. Er ist auch für die außerwissenschaftliche Kommunikation von Versuchsergebnissen charakteristisch. Der vorliegende Beitrag geht der Frage nach, inwiefern der Sprache der Tierversuche selbst ethische Relevanz zukommt, insbesondere, wenn sie in andere Kommunikationszusammenhänge hineinwirkt. Dazu soll zunächst auf Konfliktlinien zwischen wissenschaftlicher Freiheit und dem Anspruch ethisch bewussten Sprachhandelns eingegangen werden. Anschließend ist zu erläutern, inwiefern eine sprachliche Konvention als ‚ethischer bias‘ (...) infrage kommt. Diese Überlegungen werden schließlich beispielhaft auf den Tiermodell-Begriff bezogen, um den Vorwurf einer technisierenden und entindividualisierenden Sprache zu konkretisieren und abschließend ihre Wirkung auf die öffentliche Wahrnehmung von Tierversuchen zu diskutieren. Um die ‚Sprache der Forschung‘ geht es dabei durchgehend in einem weiten Sinne, der auch die Sprache über diese Forschung in philosophischen, (forschungs-)politischen, juristischen, didaktischen und ökonomischen Kontexten miteinschließt. (shrink)

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

Die vorliegende Arbeit beschaftigt sich mit einem theoretischen Ansatz innerhalb der Semantik, der bisher in Europa wenig Zuspruch fand: die Prototypensemantik. Die Autorin weist nach, dass metaphorische Redewendungen sehr wohl strukturiert und vollstandig mit Mitteln moderner empirischer Forschung analysiert werden konnen. Vor allem soll diese Arbeit als Anstoss verstanden werden, neue Wege in der Semantik zu gehen. Diese ist eine Disziplin, in der eben nicht nur rein sprachwissenschaftliche Erkenntnisse und Methoden Verwendung finden sollten, da sie die Verbindung zwischen Sprache, Mensch (...) und Welt darstellt. Es ist daher notwendig, die Sprache in ihrem 'naturlichen' Zusammenhang zu betrachten.". (shrink)

Many Europeans are concerned about the living conditions of farm animals because they view animals as beings that possess interests of their own. Against this background the introduction of an animal welfare label is being intensively discussed in Europe. In choosing a market-based instrument to take these concerns into account, normative judgments are made about the formation of preferences, the value system that is implicitly assumed, and the distribution of property rights. From the perspective of classical institutional economics it can (...) be shown that the introduction of a label as an institutional change does not redefine institutions in a way that allows them to consider the interests of animals for their own sake. Rather, the label only redefines the property rights that humans have over animals. The market segregation into privileged and normal animals conflicts with the idea of equality between sentient animals. Within the group of humans only the interests of those who act on markets count. The commodification of their moral concerns assumes that people always decide based on their own interests, which can be traded off. The lexicographical ordering of preferences, which occurs when humans view animals as entities with rights, is not compatible with the normative assumptions of markets. Furthermore, interpreting animal suffering as market failure that can be corrected by labeling impedes a reasoned dialog within the society about the values and beliefs that serve as a basis for preference formation. Thus, an animal welfare label cannot replace a fundamental societal debate about legal standards on animal well-being. (shrink)

This paper presents a proof of concept for a graphical models approach to assessing the moral coherence and moral robustness of systems of social interactions. “Moral coherence” refers to the degree to which the rights and duties of agents within a system are effectively respected when agents in the system comply with the rights and duties that are recognized as in force for the relevant context of interaction. “Moral robustness” refers to the degree to which a system of social interaction (...) is configured to ensure that the interests of agents are effectively respected even in the face of noncompliance. Using the case of conscientious objection of pharmacists to filling prescriptions for emergency contraception as an example, we illustrate how a graphical models approach can help stakeholders identify structural weaknesses in systems of social interaction and evaluate the relative merits of alternate organizational structures. By illustrating the merits of a graphical models approach we hope to spur further developments in this area. (shrink)

In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)

The term ‘speciesism’ was once coined to name discrimination against nonhuman animals as well as the bias that such discrimination expresses. It has sparked a debate on criteria for being morally considerable and the relative significance of human and nonhuman animals’ interests. Many defenses of the preferential consideration of humans have come with a denial of the normative meaning of the term ‘speciesism’ itself. In fact, defenders of the moral relevance of species membership and their critics alike have often used (...) ‘speciesism’ as a merely descriptive technical term for classifying positions in normative ethics. This paper argues that this terminological choice severely impoverishes our ethical vocabulary and moral conceptual scheme. It obscures the considerable common ground among theorists with differing views on the relevance of various properties for moral consideration. It is often overlooked that even most defenders of the preferential treatment of one’s fellow species members have good reason to hold on to the normative notion that ‘speciesism’ was originally meant to be. Two distinct types of concepts are involved when differential treatment along species lines is addressed in a normative and a descriptive way, respectively. The term ‘speciesism’ should be reserved for the normative concept and kept apart from the descriptive term ‘speciescentrism.’ Attempts to redefine speciesism as something that is not wrong by definition are shown to be epistemically and morally harmful for the same reasons attempts to redefine racism and sexism in this way are. (shrink)

Academic and public debates are increasingly concerned with the question whether and how algorithmic decision-making may reinforce social inequality. Most previous research on this topic originates from computer science. The social sciences, however, have huge potentials to contribute to research on social consequences of ADM. Based on a process model of ADM systems, we demonstrate how social sciences may advance the literature on the impacts of ADM on social inequality by uncovering and mitigating biases in training data, by understanding data (...) processing and analysis, as well as by studying social contexts of algorithms in practice. Furthermore, we show that fairness notions need to be evaluated with respect to specific outcomes of ADM systems and with respect to concrete social contexts. Social sciences may evaluate how individuals handle algorithmic decisions in practice and how single decisions aggregate to macro social outcomes. In this overview, we highlight how social sciences can apply their knowledge on social stratification and on substantive domains of ADM applications to advance the understanding of social impacts of ADM. (shrink)

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty, which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)

Disney's Zootopia (2016) is a crime story about the involuntary partnership between Judy Hopps, the first rabbit police officer in the city of Zootopia, and Nick Wilde, a red fox making his living as a con artist. What makes Zootopia a utopia and the city of Judy's dreams is that it appears to be “where anyone can be anything.” Zootopia confronts people with three utopian ideals: of security and social order, of individual self‐determination and fulfillment, and of a just multispecies (...) society. Zootopia begins with the founding myth that tells the story of how the animals overcame an anything‐but‐ideal natural state, in which prey animals lived in constant fear of predators. Zootopia is too much of a metaphor for human ways of life to be a utopian human‐animal society, and too “messy” to count as a metaphoric utopia for humans. (shrink)

Music performance anxiety (MPA) is a multifaceted phenomenon occurring on a continuum of severity. In this survey study, we investigated to what extent the affective (anxiety), cognitive (catastrophizing), and somatic (bodily complaints) components of MPA prior to solo performances vary as a function of age, gender, instrument group, musical experience, and practice as well as how these MPA components relate to self-rated change in performance quality from practice to public performance. The sample comprised 75 male and 111 female classical music (...) university students, aged 15–45 years. Age was positively associated with anxious feelings and bodily complaints. Compared to male students, female students reported significantly more anxious feelings and catastrophizing. Singers reported less anxious feelings and catastrophizing than instrumentalists. Breathing-, mouth- and throat-related complaints were highest among singers and wind players; hand- and arm-related complaints were highest among string players and pianists. The indices of musical experience and practice had marginal effects. An average of four bodily complaints bothered the participants strongly to very strongly. Worsening in performance quality from practice to public performance was reported by almost half of the participants and was best predicted by anxious feelings and breathing-related complaints. We conclude that age, gender and instrument play a significant role in understanding the phenomenology of MPA. Musicians should be examined according to these characteristics rather than as one homogenous population. In particular, it might be valuable to develop assessment tools for MPA that incorporate items related to the bodily complaints that are most relevant to the different instrument groups. Breathing-related complaints could add an important dimension to the investigation of MPA and music performance. Finally, the high percentage of students reporting worsening of their performance quality from practice to public performance highlights the need of professional support to help music students be able to perform at their best and thrive as artists. (shrink)

Frauke Albersmeier | : In Zoopolis, Donaldson and Kymlicka dismiss the abolitionist, or extinctionist approach in animal rights theory as insufficient in its theoretical foundation and disproportional regarding the means it promotes to prevent domesticated animals from suffering abuse by humans. Among the consequences of their counterproposal—granting domesticated animals citizenship—is an increased pressure to justify any interference with domesticated animals’ reproductive activities. This paper attempts to give such justification with reference to domesticated animals’ specific state of vulnerability, but also (...) takes into account the interest of the mixed society to prevent overly demanding obligations. Even while recognizing existing domesticated animals as citizens, humans might be unable to fully meet their obligation to protect the most dependent of them, and therefore might be justified in conditionally subscribing to “extinctionism” and limiting these animals’ reproduction to the point of their ultimate extinction. Therefore, rather than upholding a strict opposition between extinctionism in any form and a political framework for animal rights, out of reasonable concern for the well-being of domesticated animals in the societies they have been placed in, a qualified extinctionist approach should be incorporated into the political framework developed in Zoopolis. | : Dans Zoopolis, Donaldson et Kymlicka rejettent l’approche abolitionniste, ou extinctionniste, de la théorie du droit des animaux. Ils estiment que ses fondements théoriques sont insuffisants et que les mesures qu’elle promeut pour protéger les animaux domestiques des abus des humains sont disproportionnées. Leur contre-proposition – qui accorde la citoyenneté aux animaux domestiques – a plusieurs conséquences, parmi lesquelles un renforcement de la justification de toutes les formes d’ingérence dans la reproduction des animaux domestiques. Cet article tente de justifier pareille ingérence en raison de l’état particulier de vulnérabilité des animaux domestiques, mais tient également compte du fait que la société mixte a intérêt à éviter l’établissement d’obligations trop exigeantes. Cependant, les humains peuvent accorder aux animaux domestiques existant un statut de citoyen tout en s’avérant incapables de remplir pleinement leur obligation de protéger les plus dépendants d’entre eux. Ils pourraient par conséquent être justifiés de souscrire de manière conditionnelle à « l’extinctionnisme » et limiter la reproduction de ces animaux jusqu’à leur extinction. C’est pourquoi, au lieu de maintenir une opposition stricte entre l’extinctionnisme sous toutes ses formes et l’élaboration d’un cadre politique pour le droit des animaux, l’on devrait, par souci du bien-être des animaux domestiques dans les sociétés dans lesquelles ils vivent, insérer une approche extinctionniste conditionnelle dans le cadre politique élaboré dans Zoopolis. (shrink)

This Article takes the perspective of law and philosophy, integrating insights from computer science. First, I will argue that in the era of big data analytics we need an understanding of privacy that is capable of protecting what is uncountable, incalculable or incomputable about individual persons. To instigate this new dimension of the right to privacy, I expand previous work on the relational nature of privacy, and the productive indeterminacy of human identity it implies, into an ecological understanding of privacy, (...) taking into account the technological environment that mediates the constitution of human identity. Second, I will investigate how machine learning actually works, detecting a series of design choices that inform the accuracy of the outcome, each entailing trade-offs that determine the relevance, validity and reliability of the algorithm’s accuracy for real life problems. I argue that incomputability does not call for a rejection of machine learning per se but calls for a research design that enables those who will be affected by the algorithms to become involved and to learn how machines learn — resulting in a better understanding of their potential and limitations. A better understanding of the limitations that are inherent in machine learning will deflate some of the eschatological expectations, and provide for better decision-making about whether and if so how to implement machine learning in specific domains or contexts. I will highlight how a reliable research design aligns with purpose limitation as core to its methodological integrity. This Article, then, advocates a practice of “agonistic machine learning” that will contribute to responsible decisions about the integration of data-driven applications into our environments while simultaneously bringing them under the Rule of Law. This should also provide the best means to achieve effective protection against overdetermination of individuals by machine inferences. (shrink)

This paper is concerned with the ethics of popularizing moral philosophy. In particular, it addresses the question of whether ethicists engaged in public debates should restrict themselves to acting as impartial informants or moderators rather than advocates of their own moral opinions. I dismiss the idea that being an impartial servant to moral debates is the default or even the only defensible way to publicly exercise ethical expertise and thus, to popularize moral philosophy. Using a case example from the public (...) debate about the human use of nonhuman animals, I highlight the benefits and risks of endorsing an advocate’s and a teacher’s or moderator’s role, respectively. I argue for a general requirement of judgment transparency which entails that the publicly engaged philosopher ought to be clear and consistent about the type of role she takes on, her publicly advanced opinions generally ought to be her professional ones and that she ought to flag her private opinions. I finally show that, despite general concerns about conflicts of interest, exercising ethical expertise and engaging in advocacy, i.e., acting as if one were a moral expert, are not incompatible modes of public engagement for the moral philosopher. (shrink)

What does the way we clarify and revise concepts reveal about the nature of concepts? This paper investigates the ontological commitments of conceptual analysis and explication regarding their supposed subject matter – concepts. It demonstrates the benefits of a cognitivist account of concepts, according to which they are not items on which the subject operates cognitively, but rather ways in which the subject operates. The proposed view helps to handle alternating references to ‘concepts’ and ‘terms’ in instructions on analysis and (...) explication. Furthermore, its virtue lies not in the capacity to render concepts ‘shareable’ but in its ontological parsimony. (shrink)

Diese Reihe präsentiert innovative Studien in deutscher oder englischer Sprache, die aktuelle Themen der praktischen Philosophie aus analytischer Perspektive behandeln. Dazu gehören Fragen aus den Bereichen der Metaethik, der normativen und der,angewandten' Ethik ebenso wie Fragen der politischen Philosophie, der Rechtsphilosophie und der Handlungstheorie.

John Stuart Mill (1806-1873) gehört im angelsächsischen Raum seit jeher zu den Klassikern der Ideengeschichte. Aber auch im deutschsprachigen Raum wird er immer stärker rezipiert: Viele seiner Hauptschriften wurden neu editiert, sein Denken erfreut sich über die disziplinären Grenzen hinweg bis hinein in die Feuilletons wachsender Aufmerksamkeit. Das liegt nicht zuletzt an Mills ungewöhnlich undogmatischer Denkhaltung, die sich in der Berücksichtigung und Synthese verschiedenster Denkrichtungen niederschlägt. Seine Schriften zeugen von einem differenzierten Blick auf gesellschaftspolitische Zusammenhänge, was sie auch für moderne (...) Debatten vielfältig anschlussfähig macht. Das Handbuch stellt John Stuart Mills Leben, die wichtigsten Einflüsse auf sein Denken, sein Werk und die zentralen Konzepte sowie die Rezeption seines Denkens im Rahmen unterschiedlicher Diskurse vor. (shrink)

English summary: John Stuart Mill is not a classical proponent of liberalism, who wanted to reduce the scope of state competency to a minimum. The present work depicts Mill as a very versatile and unorthodox thinker, whose social revisions of the idea of the laissez-faire state gave his concept of the state connectivity to contemporary society. The individual studies discussed in this meaning of those particular aspects of Millian thought, which reject classical liberal doctrine. The background of the criticism of (...) the neoliberal social order also appears in this volume with valuable contributions for the current discourse. German description: John Stuart Mill ist kein klassischer Vertreter des Liberalismus, der die Staatstatigkeit auf ein Minimum reduzieren will. Der vorliegende Band zeigt Mill als ausserst vielseitigen und undogmatischen Denker, dessen soziale Korrekturen am Konzept des liberalen Nachtwachterstaates seinen Staatsbegriff auch heute noch anschlussfahig machen. Die einzelnen Beitrage diskutieren in diesem Sinne insbesondere diejenigen Aspekte des Mill'schen Denkens, die ueber die klassisch liberale Lehre hinaus weisen. Hier finden sich gerade auch vor dem Hintergrund der Kritik an neoliberalen Ordnungsvorstellungen wertvolle Anregungen fuer aktuelle Diskurse. (shrink)

We report the results of a vignette study with an online sample of the German adult population in which we analyze the interplay between need, equity, and accountability in third-party distribution decisions. We asked participants to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The study systematically varies the persons’ accountability for their neediness as well as for their productivity. We find that (...) participants distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is partially compensated with a share of logs that exceeds her contribution, while the person who contributes less is given a share of logs smaller than her need share. Moreover, there is a domain effect in terms of participants being more sensitive to lower contributions than to greater need. (shrink)

Richard Rorty is well known as a propagandist of pragmatism and of a "post-philosophical" culture in which many traditional philosophical debates are dismissed as outrightly fruitless. The paper is mainly concerned with Rorty's dismissal of the realism-antirealism debate. The shift from argument to propaganda which is typical of much of Rorty's reasoning is critically investigated from different perspectives. In particular, it is argued that Rorty cannot convincingly establish a pragmatist position beyond realism and antirealism, and that pragmatism seems to be (...) inadequate with respect to scientific practice. Finally, the fruitfulness of the realism-antirealism debate is defended. (shrink)

The paper aims to further concretise our previously proposed normative-functional concept of the criminal offense. It is rooted in a liberal paradigm and guides not only the criminal offense doctrine, which provides for specific criteria to warrant a legitimate verdict and the determination of legal consequences (in the sense of an adequate additional hardship imposed in the context of the sentencing itself). Furthermore, it offers a much-needed refinement in cases where the same act violates more than one criminal statute (Konkurrenzen), (...) and for the concept of the criminal offense within the criminal proceedings. Our concept characterizes the offense by a sufficiently substantial breach of a legally required conduct norm (along with specific consequences thereof, in some cases). Such a legal rule of conduct – determined for the respective individual according to the specific circumstances they find themselves in – affects at the least their personal autonomy, and thus requires legitimisation. This legitimisation must heed the constitutional standard of proportionality – the benchmark of which establishes the individual opportunity for self-expression that is compatible with the legitimate interests of others. At its core lies a broad understanding of freedom that appropriately explains the trade-off between conflicting interests necessary for the justification of legally required standards of behaviour, at the same time. This offers a solution to the issue of trying to identify the minimum level of applicable criminal sanctions. Thus, this concept is preferable to competing concepts. (shrink)

In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)

This article reports a study comparing the effects of a single dose of alcohol with a matched placebo drink on recognition memory with and without conscious recollection. A double-blind, cross-over design was used with healthy volunteers who were all social drinkers. Processing depth at study was manipulated using generate versus read instructions. Conscious recollection at test was assessed using the remember-know-guess paradigm (Gardiner, 1988; Tulving, 1985). Alcohol significantly reduced conscious recollection (remember responses) but had no effect on recognition in the (...) absence of conscious recollection (know responses). False alarms rates were low and unaffected by alcohol. Previous findings that generation effects are found only for remember responses were closely replicated. A further dissociation of the generation effect occurred between treatments in that deeper processing at study facilitated recognition on placebo but not on alcohol. That both alcohol and depth of processing produce dissociative effects on recollective experience provides further evidence that remembering and knowing reflect distinct memory systems. (shrink)

Keine ausführliche Beschreibung für "Platon" verfügbar.