This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

Gödel’s first incompleteness result from 1931 states that there are true assertions about the natural numbers which do not follow from the Peano axioms. Since 1931 many researchers have been looking for natural examples of such assertions and breakthroughs were obtained in the seventies by Jeff Paris [Some independence results for Peano arithmetic. J. Symbolic Logic 43 725–731] , Handbook of Mathematical Logic, North-Holland, Amsterdam, 1977] and Laurie Kirby [L. Kirby, Jeff Paris, Accessible independence results for Peano Arithmetic, Bull. of (...) the LMS 14 285–293]) and Harvey Friedman [S.G. Simpson, Non-provability of certain combinatorial properties of finite trees, in: Harvey Friedman’s Research on the Foundations of Mathematics, North-Holland, Amsterdam, 1985, pp. 87–117; R. Smith, The consistency strength of some finite forms of the Higman and Kruskal theorems, in: Harvey Friedman’s Research on the Foundations of Mathematics, North-Holland, Amsterdam, 1985, pp. 119–136] who produced the first mathematically interesting independence results in Ramsey theory and well-order and well-quasi-order theory .In this article we investigate Friedman-style principles of combinatorial well-foundedness for the ordinals below ε0. These principles state that there is a uniform bound on the length of decreasing sequences of ordinals which satisfy an elementary recursive growth rate condition with respect to their Gödel numbers.For these independence principles we classify their phase transitions, i.e. we classify exactly the bounding conditions which lead from provability to unprovability in the induced combinatorial well-foundedness principles.As Gödel numbering for ordinals we choose the one which is induced naturally from Gödel’s coding of finite sequences from his classical 1931 paper on his incompleteness results.This choice makes the investigation highly non-trivial but rewarding and we succeed in our objectives by using an intricate and surprising interplay between analytic combinatorics and the theory of descent recursive functions. For obtaining the required bounds on count functions for ordinals we use a classical 1961 Tauberian theorem of Parameswaran which apparently is far remote from Gödel’s theorem. (shrink)

Auditory verbal hallucinations (AVHs) are a highly complex and rich phenomena, and this has a number of important clinical, theoretical and methodological implications. However, until recently, this fact has not always been incorporated into the experimental designs and theoretical paradigms used by researchers within the cognitive sciences. In this paper, we will briefly outline two recent examples of phenomenologically informed approaches to the study of AVHs taken from a cognitive science perspective. In the first example, based on Larøi and Woodward (...) (Harv Rev Psychiatry 15:109–117, 2007 ), it is argued that reality monitoring studies examining the cognitive underpinnings of hallucinations have not reflected the phenomenological complexity of AVHs in their experimental designs and theoretical framework. The second example, based on Jones (Schizophr Bull, in press, 2010 ), involves a critical examination of the phenomenology of AVHs in the context of two other prominent cognitive models: inner speech and intrusions from memory. It will be shown that, for both examples, the integration of a phenomenological analysis provides important improvements both on a methodological, theoretical and clinical level. This will be followed by insights and critiques from philosophy and clinical psychiatry—both of which offer a phenomenological alternative to the empiricist–rationalist conceptualisation of AVHs inherent to the cognitive sciences approach. Finally, the paper will conclude with ideas as to how the cognitive sciences may integrate these latter perspectives into their methodological and theoretical programmes. (shrink)

Auditory verbal hallucinations (AVHs) are a highly complex and rich phenomena, and this has a number of important clinical, theoretical and methodological implications. However, until recently, this fact has not always been incorporated into the experimental designs and theoretical paradigms used by researchers within the cognitive sciences. In this paper, we will briefly outline two recent examples of phenomenologically informed approaches to the study of AVHs taken from a cognitive science perspective. In the first example, based on Larøi and Woodward (...) (Harv Rev Psychiatry 15:109–117, 2007), it is argued that reality monitoring studies examining the cognitive underpinnings of hallucinations have not reflected the phenomenological complexity of AVHs in their experimental designs and theoretical framework. The second example, based on Jones (Schizophr Bull, in press, 2010), involves a critical examination of the phenomenology of AVHs in the context of two other prominent cognitive models: inner speech and intrusions from memory. It will be shown that, for both examples, the integration of a phenomenological analysis provides important improvements both on a methodological, theoretical and clinical level. This will be followed by insights and critiques from philosophy and clinical psychiatry—both of which offer a phenomenological alternative to the empiricist–rationalist conceptualisation of AVHs inherent to the cognitive sciences approach. Finally, the paper will conclude with ideas as to how the cognitive sciences may integrate these latter perspectives into their methodological and theoretical programmes. (shrink)

Introduction -- Part 1. The nature of order in world politics: the concept of order in world politics; does order exist in world politics?; how is order maintained in world politics?; order versus justice in world politics -- Part 2. Order in the contemporary international system: the balance of power and international order; international law and international order; diplomacy and international order; war and international order; the great powers and international order -- Part 3. Alternative paths to world order: alternatives (...) to the contemporary states system; the decline of the states system; the obsolescence of the states system; the reform of the states system; conclusion. (shrink)

Introduction: bearing politics -- Abortion, sin, and the state -- A history of the abortion debate -- Conceiving the nation: representations of abortion in Thailand -- Corrupt girls, victims of men, desperate women: representations of women who abort -- 'A small sin': everyday acts -- 'The truth of our day by day lives': situational ethics -- Global debates, local dilemmas.

Originally presented as the author's thesis (doctoral--Gregorian University).

Many people are worried about the harmful effects of climate change but nevertheless enjoy some activities that contribute to the emission of greenhouse gas (driving, flying, eating meat, etc.), the main cause of climate change. How should such people make choices between engaging in and refraining from enjoyable greenhouse-gas-emitting activities? In this chapter, we look at the answer provided by decision theory. Some scholars think that the right answer is given by interactive decision theory, or game theory; and moreover think (...) that since private climate decisions are instances of the prisoner’s dilemma, one rationally should engage in these activities provided that one enjoys them. Others think that the right answer is given by expected utility theory, the best-known version of individual decision theory under risk and uncertainty. In this chapter, we review these different answers, with a special focus on the latter answer and the debate it has generated. (shrink)

Background:Less sedated and more awake patients in the intensive care unit may cause ethical challenges.Research objectives:The purpose of this study is to describe ethical challenges registered nurses experience when patients refuse care and treatment.Research design:Narrative individual open interviews were conducted, and data were analysed using a phenomenological hermeneutic method developed for researching life experiences.Participants and research context:Three intensive care registered nurses from an intensive care unit at a university hospital in Norway were included.Ethical considerations:Norwegian Social Science Data Services approved the (...) study. Permission was obtained from the intensive care unit leader. The participants’ informed and voluntary consent was obtained in writing.Findings:Registered nurses experienced ethical challenges in the balance between situations of deciding on behalf of the patient, persuading the patient and letting the patient decide. Ethical challenges were related to patients being harmful to themselves, not keeping up personal hygiene and care or hindering critical treatment.Discussion:It is made apparent how professional ethics may be threatened by more pragmatic arguments. In recent years, registered nurses are faced with increasing ethical challenges to do no harm and maintain dignity.Conclusion:Ethically challenging situations are emerging, due to new targets including conscious and aware critical care patients, leaving an altered responsibility on the registered nurses. Reflection is required to adjust the course when personal and professional ideals no longer are in harmony with the reality in the clinical practice. RNs must maintain a strong integrity as authentic human beings to provide holistic nursing care. (shrink)

Accompanying DVD is a filmed segment of the conversation.

This article analyzes the treatment of vegetative powers in Nicolaus Taurellus’s critical response to Andrea Cesalpino. Taurellus’s interest in this topic derives from larger metaphysical and theological concerns. His concern is that Cesalpino’s view that vegetative powers are due to a divine principle of activity inherent in natural particulars leads to a version of substance monism that is incompatible with the Christian doctrine of creation. Taurellus’s critique can best be understood within the context of his defense of an immaterialist account (...) of the basic constituents of reality, which is connected with an emergentist account of the origin of vegetative powers. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

Friedrich Nietzsche in seinen Werken ist ein unveränderter, hochwertiger Nachdruck der Originalausgabe aus dem Jahr 1894. Hansebooks ist Herausgeber von Literatur zu unterschiedlichen Themengebieten wie Forschung und Wissenschaft, Reisen und Expeditionen, Kochen und Ernährung, Medizin und weiteren Genres. Der Schwerpunkt des Verlages liegt auf dem Erhalt historischer Literatur. Viele Werke historischer Schriftsteller und Wissenschaftler sind heute nur noch als Antiquitäten erhältlich. Hansebooks verlegt diese Bücher neu und trägt damit zum Erhalt selten gewordener Literatur und historischem Wissen auch für die Zukunft (...) bei. (shrink)

Theories of binding have recently come into the focus of the consciousness debate. In this review, we discuss the potential relevance of temporal binding mechanisms for sensory awareness. Specifically, we suggest that neural synchrony with a precision in the millisecond range may be crucial for conscious processing, and may be involved in arousal, perceptual integration, attentional selection and working memory. Recent evidence from both animal and human studies demonstrates that specific changes in neuronal synchrony occur during all of these processes (...) and that they are distinguished by the emergence of fast oscillations with frequencies in the gamma-range. (shrink)

– The paper defends a naturalistic version of modal actualism according to which what is metaphysically possible is determined by dispositions found in the actual world. We argue that there is just one world—this one—and that all genuine possibilities are anchored by the dispositions exemplified in this world. This is the case regardless of whether or not those dispositions are manifested. As long as the possibility is one that would obtain were the relevant disposition manifested, it is a genuine possibility. (...) Furthermore, by starting from actual dispositional properties and branching out, we are able to include possibilities that are quite far removed from any state of affairs that happens to obtain, while still providing a natural and actual grounding of possibility. Stressing the importance of ontological considerations in any theory of possibility, it is argued that the account of possibility in terms of dispositional properties provides a more palatable ontology than those of its competitors. Coming at it from the other direction, the dispositional account of possibility also provides motivation for taking an ontology of dispositions more seriously. As well as the relevant dispositional notions required to lay out the view, the paper discusses the dispositional realism needed as the basis for the account of possibility. (shrink)

An important argument against prohibiting organ sales is that it removes the best option available to individuals in dire circumstances. However, this line of reasoning fails to recognise that selling a kidney on a regulated market is only the best option in a very narrow comparison, where a regulated organ market is compared with banning organ sales. Once we acknowledge this narrowness, selling a kidney is not the best option. This paves the way for a distributive justice-based critique of the (...) ‘best option’ argument for organ markets, which illuminates that organ markets should be compared with a broader set of alternatives. If providing the option of selling a kidney is not the best option, but rather the best option we are willing to provide, and one which means that many people will remain in poverty and unjust circumstances, then this reflects poorly on those societies willing to offer only this option and not a better one. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social (...) responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

Recent research put forward the hypothesis that eye movements are integrated in memory representations and are reactivated when later recalled. However, “looking back to nothing” during recall might be a consequence of spatial memory retrieval. Here, we aimed at distinguishing between the effect of spatial and oculomotor information on perceptual memory. Participants’ task was to judge whether a morph looked rather like the first or second previously presented face. Crucially, faces and morphs were presented in a way that the morph (...) reactivated oculomotor and/or spatial information associated with one of the previously encoded faces. Perceptual face memory was largely influenced by these manipulations. We considered a simple computational model with an excellent match that expresses these biases as a linear combination of recency, saccade, and location. Surprisingly, saccades did not play a role. The results suggest that spatial and temporal rather than oculomotor information biases perceptual face memory. (shrink)

The aim of this paper is to defend the structural concept of representation, as defined by homomorphisms, against its main objections, namely: logical objections, the objection from misrepresentation, theobjection from failing necessity, and the copy theory objection. The logical objections can be met by reserving the relation.

The paper defends the structural concept of representation, defined by homomorphisms, against the main objections that have been raised against it: Logical objections, the objection from misrepresentation, the objection from failing necessity, and the copy theory objection. Homomorphic representations are not necessarily ‘copies’ of their representanda, and thus can convey scientific insight.

This chapter takes the form of a discussion between the editors of this volume and Joseph Agassi, regarding the relationship between methodological individualism and institutional individualism. The focus is on Agassi’s interpretation of traditional methodological individualism in terms of psychologism; the role of institutions and structural factors in social explanation; Popper’s theory of World 3; the application of Weber’s interpretative approach—Verstehen—to typical ways of thinking and acting; and the Austrian School of economics.

This article reconstructs and defends Husserl's argument for the indubitability of the existence of the world as grounded in ultimate principles. Responding to criticisms about the feasibility of a Husserlian‐informed metaphysical cosmology, it offers a systematic account that explores the question of the world's existence at three distinct levels (factual‐empirical, eidetic, and transcendental), leading to a threefold characterization of the world. First, the obviousness of the world's existence serves as our point of departure. The analysis then moves from a conception (...) of the world as (i) an ontic factum and pregiven ground of all theoretical and practical endeavors in the natural attitude, to a priori ontological considerations of (ii) the essence of “world in general.” However, the insufficiency of both factual‐empirical and a priori investigations necessitates a further displacement of the analysis into the transcendental field of pure phenomena. In accordance with the fundamental principle of synthesis, the world is thus reconceived of as (iii) a phenomenological factum. In this context, the clarification of the existence of the world as both an irrational and a “rational” fact provides all the elements necessary to demonstrate the relative apodicticity and empirical indubitability of the world. This justifies our doxic certainty of the world's existence. (shrink)