A recent Supreme Court decision, Kumho Tire Co., Ltd. v. Carmichael, may have substantial impact on psychological expert testimony. Previous criteria for admissibility of scientific expert testimony now apply broadly to expert testimony, not just testimony narrowly grounded in scientific evidence. Judges will determine the relevance and reliability of all expert testimony, including that based on clinical experience or training. Admissible testimony will either satisfy the criteria established in Daubert v. Merrell Dow Pharmaceuticals, Inc. or meet similarly rigorous standards judged (...) appropriate to the particular field involved. Because psychological testimony has varied in its evidentiary basis, sometimes relying on science and otherwise on clinical training or experience, court decisions will gradually determine the precedent for its admissibility. We also discuss long-term consequences for the credibility of psychological expert testimony and the relation between psychology and law. (shrink)

Physical fatigue negatively affects postural control, resulting in impaired balance performance in young and older adults. Similar effects on postural control can be observed for mental fatigue mainly in older adults. Controversial results exist for young adults. There is a void in the literature on the effects of fatigue on balance and cortical activity. Therefore, this study aimed to examine the acute effects of PF and MF on postural sway and cortical activity. Fifteen healthy young adults aged 28 ± 3 (...) years participated in this study. MF and PF protocols comprising of an all-out repeated sit-to-stand task and a computer-based attention network test, respectively, were applied in random order. Pre and post fatigue, cortical activity and postural sway were tested during a challenging bipedal balance board task. Absolute spectral power was calculated for theta, alpha-2, beta-1, and beta-2 in frontal, central, and parietal regions of interest and baseline-normalized. Inference statistics revealed a significant time-by-fatigue interaction for CoPd and CoPv, and a significant main effect of time for CoP variability. Post hoc analyses showed a significant increase in CoPd and CoPv following PF but not MF. For cortical activity, a significant time-by-fatigue interaction was found for relative alpha-2 power in parietal areas. Post hoc tests indicated larger alpha-2 power increases after PF compared to MF. In addition, changes in parietal alpha-2 power and measures of postural sway did not correlate significantly, irrespective of the applied fatigue protocol. No significant changes were found for the other frequency bands, irrespective of the fatigue protocol and ROI under investigation. Thus, the applied PF protocol resulted in increased postural sway and CoP variability accompanied by enhanced alpha-2 power in the parietal ROI while MF led to increased CoP variability and alpha-2 power in our sample of young adults. Potential underlying cortical mechanisms responsible for the greater increase in parietal alpha-2 power after PF were discussed but could not be clearly identified as cause. Therefore, further future research is needed to decipher alternative interpretations. (shrink)

This paper criticizes two accounts of the normativity of practical principles: the empiricist account and the rationalist or realist account. It argues against the empiricist view, focusing on the Humean texts that are usually taken to be its locus classicus. It then argues both against the dogmatic rationalist view, and for the Kantian view, through a discussion of Kant's own remarks about instrumental rationality in the second section of the Groundwork. It further argues that the instrumental principle cannot stand alone. (...) Unless there are normative principles directing us to the adoption of certain ends, there can be no requirement to take the means to our ends. The familiar view that the instrumental principle is the only requirement of practical reason is incoherent. (shrink)

1. Being an Animal Human beings are animals: phylum: chordata, class: mammalia, order: primates, family: hominids, species: homo sapiens, subspecies: homo sapiens sapiens. According to current scientific opinion, we evolved approximately 200,000 years ago in Africa from ancestors whom we share with the other great apes. What does it mean that we are animals? Scientifically speaking, an animal is essentially a complex, multicellular organism that feeds on other life forms. But what we share with the other animals is not just (...) a definition: it is a history – that is, it is a story – and a resulting set of attributes and circumstances, and an ecosystem, and a planet. What is the story? Living things are homeostatic systems – they maintain themselves through a process of nutrition that enables them to work constantly at replacing the fragile materials of which they are composed. Living things also work at reproducing, or contributing to the reproduction, of other living things that maintain themselves in essentially the same way. To engage in those activities is essentially what it means to be alive. And in order to engage in those activities, a living thing must be, in some way, responsive to conditions in its environment. Plants, for instance, respond to dryness, by growing deeper roots, or to sunshine, by turning their leaves in its direction. Even a unicellular organism is drawn to some things and recoils from others. (shrink)

I begin by discussing forms of cosmopolitanism that motivate challenges to distributive accounts of global justice. I then use Sen's version of the capabilities approach to show how distributive accounts fall short, why an overarching theory of justice is not needed, and that democracy understood as the exercise of public reasoning can do the work of identifying and addressing injustices. That said in favor of Sen, I argue that his account fails to attend to the kinds of injustices emerging from (...) relationships of power and the institutions and structures in which these relationships are embedded. To show this, I outline features of a feminist relational approach, which I then apply to Canada's attempt to address historic harms through the Indian Residential Schools Truth and Reconciliation Commission. While I agree with Sen that we do not need a theory of global justice that is universal, ideal, impartial, or abstracted from context, I aim to broaden the scope of justice beyond both distributive accounts and Sen's version of the capabilities approach. (shrink)

In this paper, we consider the question of whether there exists an essential relation between emotions and wellbeing. We distinguish three ways in which emotions and wellbeing might be essentially related: constitutive, causal, and epistemic. We argue that, while there is some room for holding that emotions are constitutive ingredients of an individual’s wellbeing, all the attempts to characterise the causal and epistemic relations in an essentialist way are vulnerable to some important objections. We conclude that the causal and epistemic (...) relation between emotions and wellbeing is much less strong than is commonly thought. (shrink)

After discussing de Sousa's view of emotion in akrasia, I suggest that emotions be viewed as nonconceptual perceptions of value (see Tappolet 2000). It follows that they can render intelligible actions which are contrary to one's better judgment. An emotion can make one's action intelligible even when that action is opposed by one's all-things-considered judgment. Moreover, an akratic action prompted by an emotion may be more rational than following one's better judgement, for it may be the judgement and not the (...) perception which is in error. By contrast, "cool" akrasia is genuinely puzzling; it is not clear whether it exists. (shrink)

In this paper, I develop a metasemantics for relaxed moral realism. More precisely, I argue that relaxed realists should be inferentialists about meaning and explain that the role of evaluative moral vocabulary is to organise and structure language exit transitions, much as the role of theoretical vocabulary is to organise and structure language entry transitions.

This contribution considers whether or not it is possible to devise a coherent form of external skepticism about the normative if we ‘relax’ about normative ontology by regarding claims about the existence of normative truths and properties themselves as normative. I answer this question in the positive: A coherent form of non-normative error-theories can be developed even against a relaxed background. However, this form no longer makes any reference to the alleged falsity of normative judgments, nor the non-existence of normative (...) properties. Instead, it concerns a specifically inferentialist construal of error-theories which suggests that error-theorists should abstain from any claims about normative ontology to focus exclusively on claims about the inferential role of normative vocabulary. As I will show, this suggestion affords a number of important advantages. However, it also comes at a cost, in that it might not only change the letter, but also the spirit of traditional error-theories. (shrink)

Background: Due to recent legislations on euthanasia and its current practice in the Netherlands and Belgium, issues of end-of-life medicine have become very vital in many European countries. In 2002, the Ethics Working Group of the German Association for Palliative Medicine (DGP) has conducted a survey among its physician members in order to evaluate their attitudes towards different end-of-life medical practices, such as euthanasia (EUT), physician-assisted suicide (PAS), and terminal sedation (TS). Methods: An anonymous questionnaire was sent to the 411 (...) DGP physicians, consisting of 14 multiple choice questions on positions that might be adopted in different hypothetical scenarios on situations of “intolerable suffering” in end-of-life care. For the sake of clarification, several definitions and legal judgements of different terms used in the German debate on premature termination of life were included. For statistical analysis t-tests and Pearson-correlations were used. Results: The response rate was 61% (n=251). The proportions of the respondents who were opposed to legalizing different forms of premature termination of life were: 90% opposed to EUT, 75% to PAS, 94% to PAS for psychiatric patients. Terminal sedation was accepted by 94% of the members. The main decisional bases drawn on for the answers were personal ethical values, professional experience with palliative care, knowledge of alternative approaches, knowledge of ethical guidelines and of the national legal frame. Conclusions: In sharp contrast to similar surveys conducted in other countries, only a minority of 9.6% of the DGP physicians supported the legalization of EUT. The misuse of medical knowledge for inhumane killing in the Nazi period did not play a relevant role for the respondents’ negative attitude towards EUT. Palliative care needs to be stronger established and promoted within the German health care system in order to improve the quality of end-of-life situations which subsequently is expected to lead to decreasing requests for EUT by terminally ill patients. (shrink)

Quasi-realist expressivists have developed a growing liking for minimalism about truth. It has gone almost unnoticed, though, that minimalism also drives an anti-Archimedean movement which launches a direct attack on expressivists’ non-moral self-image by proclaiming that all metaethical positions are built on moral grounds. This interplay between expressivism, minimalism and anti-Archimedeanism makes for an intriguing metaethical encounter. As such, the first part of this dissertation examines expressivism’s marriage to minimalism and defends it against its critics. The second part then turns (...) to the anti-Archimedean challenge to expressivism and shows how to ward off this challenge by securing expressivism’s non-moral, metaethical status without having to abandon minimalism about truth. (shrink)

What would a person look like if she were to possess a virtue like compassion or courage? This is the question that will come to mind when contemplating the hau.

The aim of the present study is (1) to show, on the basis of a number of unpublished documents, how Heinrich Scholz supported his Warsaw colleague Jan Łukasiewicz, the Polish logician, during World War II, and (2) to discuss the efforts he made in order to enable Jan Łukasiewicz and his wife Regina to move from Warsaw to Münster under life-threatening circumstances. In the first section, we explain how Scholz provided financial help to Łukasiewicz, and we also adduce evidence of (...) the risks incurred by German scholars who offered assistance to their Polish colleagues. In the second section, we discuss the dramatic circumstances surrounding the Łukasiewiczes' move to Münster in the summer of 1944. (shrink)

The aim of the present study is (1) to show, on the basis of a number of unpublished documents, how Heinrich Scholz supported his Warsaw colleague Jan ?ukasiewicz, the Polish logician, during World War II, and (2) to discuss the efforts he made in order to enable Jan ?ukasiewicz and his wife Regina to move from Warsaw to Münster under life-threatening circumstances. In the first section, we explain how Scholz provided financial help to ?ukasiewicz, and we also adduce evidence of (...) the risks incurred by German scholars who offered assistance to their Polish colleagues. In the second section, we discuss the dramatic circumstances surrounding the ?ukasiewiczes' move to Münster in the summer of 1944. (shrink)

Akratic actions are often being thought to instantiate a paradigmatic self-control failure. . If we suppose that akrasia is opposed to self-control, the question is how akratic actions could be free and intentional. After all, it would seem that it is only if an action manifests self-control that it can count as free. My plan is to explore the relation between akrasia and self-control. The first section presents what I shall call the standard conception, according to which akrasia and self-control (...) are contraries, and introduces the puzzle that this conception raises. The second section turns to the arguments for and against the possibility of free and intentional akratic actions. The third section questions the claim that akratic actions are necessarily opposed to actions manifesting self-control. (shrink)

Despite increasing pressure to deal with climate change, firms have been slow to respond with effective action. This article presents a multi-level framework for a better understanding of why many firms are failing to reduce their absolute greenhouse gas emissions, which contribute to climate change. The concepts of short-termism and uncertainty avoidance from research in psychology, sociology, and organization theory can explain the phenomenon of organizational inaction on climate change. Antecedents related to short-termism and uncertainty avoidance reinforce one another at (...) three levels—individual, organizational, and institutional—and result in organizational inaction on climate change. The article also discusses the implications of this multi-level framework for research on corporate sustainability. (shrink)

Today there is considerable disagreement between the US and the EU with respect to food safety standards. Issues include GMOs, beef hormones, unpasteurized cheese, etc. In general, it is usually asserted that Europeans argue for the precautionary principle (with exceptions such as the Sanitary and Phytosanitary Agreement where ``substantial equivalence,'' a form of familiarity, is used) while Americans defend risk analysis or what is sometimes described as the familiarityprinciple. This is not to suggest that EUmember countries agree on how the (...) precautionaryprinciple should be applied; considerabledifferences exist among nations as will benoted below.In this paper I review both positionsarguing that they are best understood asvariants of the homiletics of risk rather thanas differing scientific positions. I concludethat while science must necessarily enter intothe formulation of food and agriculturalstandards, state policy, private economicinterests, and the interface between the two(e.g., when democratic states are successfullylobbied to support particular privateinterests), play important roles in determininghow particular risks will be treated. Moreover,I argue that the role of science mustnecessarily be limited if its credibility is tobe preserved. (shrink)

The concept of rationality, predominantly in the guise of rational choice theory, plays a key role in the social sciences. Yet, whilst rational choice theory is usually understood as part of positive political science, it is also widely employed within normative political theories. In this paper, we examine how allegedly positive rational choice arguments can find application within normative political theories. To this effect, we distinguish between two interpretations of rationality ascriptions, one empirical, the other normative. Since, as we demonstrate, (...) empirical readings of the rationality assumption cannot convincingly explain the role of rational choice arguments in normative theories, we argue that the rationality assumption should be given a normative interpretation. We conclude by considering what this result implies for the use of rational choice arguments in normative and positive political science. (shrink)

Die Medikalisierung des Sterbens hat dazu geführt, dass ein „guter Tod“ zunehmend auch von medizinischen Interventionen erwartet wird. Die Möglichkeiten einer „terminalen Sedierung“ bis zum Tode werden von vielen als Ausweg angesehen, wenn bei unerträglichem Leid und aussichtsloser Prognose der Wunsch nach aktiver Sterbehilfe angesprochen wird. Durch eine Sedierung können zwar bei schwerstkranken Patienten schwerste therapierefraktäre Leidenszustände effektiv gelindert werden. Diese Therapieoption kann aber auch in der Absicht angewendet werden, den Todeseintritt medizinisch zu beschleunigen, so dass im Zusammenhang mit der (...) Euthanasiedebatte auch das Thema der terminalen Sedierung kontrovers diskutiert wird. Richtlinien zu Indikation, Technik und Dokumentation sind notwendig, um Stellenwert und Grenzen der terminalen Sedierung im Rahmen der palliativen Betreuung am Lebensende zu verdeutlichen und durch Transparenz Fehlentwicklungen zu vermeiden. (shrink)

ZusammenfassungDie Medikalisierung des Sterbens hat dazu geführt, dass ein „guter Tod“ zunehmend auch von medizinischen Interventionen erwartet wird. Die Möglichkeiten einer „terminalen Sedierung“ bis zum Tode werden von vielen als Ausweg angesehen, wenn bei unerträglichem Leid und aussichtsloser Prognose der Wunsch nach aktiver Sterbehilfe angesprochen wird. Durch eine Sedierung können zwar bei schwerstkranken Patienten schwerste therapierefraktäre Leidenszustände effektiv gelindert werden. Diese Therapieoption kann aber auch in der Absicht angewendet werden, den Todeseintritt medizinisch zu beschleunigen, so dass im Zusammenhang mit der (...) Euthanasiedebatte auch das Thema der terminalen Sedierung kontrovers diskutiert wird. Richtlinien zu Indikation, Technik und Dokumentation sind notwendig, um Stellenwert und Grenzen der terminalen Sedierung im Rahmen der palliativen Betreuung am Lebensende zu verdeutlichen und durch Transparenz Fehlentwicklungen zu vermeiden. (shrink)

Any inquiry into the meaning and implications of the prolongation of the human lifespan requires an investigation of its metaphysical basis and its ethical outcomes. This chapter explains a series of metaphysical and ethical claims about lifespan extension. It highlights a number of arguments that are typically put forward against these claims, and shows the ways in which they are mistaken. Two such claims given in the chapter are: (1) aging and life stages are neither wholly constituted by biological givens, (...) nor wholly understandable in terms of biological parameters; instead, aging and life stages are, in crucial ways, socially constructed; and (2) death is bad, and other things being equal, a longer life is a better life. (shrink)

What is the primary function of consciousness in the nervous system? The answer to this question remains enigmatic, not so much because of a lack of relevant data, but because of the lack of a conceptual framework with which to interpret the data. To this end, we have developed Passive Frame Theory, an internally coherent framework that, from an action-based perspective, synthesizes empirically supported hypotheses from diverse fields of investigation. The theory proposes that the primary function of consciousness is well-circumscribed, (...) serving the 'somatic nervous system[. For this system, consciousness serves as a frame that constrains and directs skeletal muscle output, thereby yielding adaptive behavior. The mechanism by which consciousness achieves this is more counterintuitive, passive, and “low level” than the kinds of functions that theorists have previously attributed to consciousness. Passive frame theory begins to illuminate (a) what consciousness contributes to nervous function, (b) how consciousness achieves this function, and (c) the neuroanatomical substrates of conscious processes. Our untraditional, action-based perspective focuses on olfaction instead of on vision and is 'descriptive' (describing the products of nature as they evolved to be) rather than 'normative' (construing processes in terms of how they should function). Passive frame theory begins to isolate the neuroanatomical, cognitive-mechanistic, and representational (e.g., conscious contents) processes associated with consciousness. (shrink)

Advanced AI systems are rapidly making their way into medical research and practice, and, arguably, it is only a matter of time before they will surpass human practitioners in terms of accuracy, reliability, and knowledge. If this is true, practitioners will have a prima facie epistemic and professional obligation to align their medical verdicts with those of advanced AI systems. However, in light of their complexity, these AI systems will often function as black boxes: the details of their contents, calculations, (...) and procedures cannot be meaningfully understood by human practitioners. When AI systems reach this level of complexity, we can also speak of black-box medicine. In this paper, we want to argue that black-box medicine conflicts with core ideals of patient-centered medicine. In particular, we claim, black-box medicine is not conducive for supporting informed decision-making based on shared information, shared deliberation, and shared mind between practitioner and patient. (shrink)

Among the many practical failures that threaten us, weakness of will or akrasia is often considered to be a paradigm of irrationality. The eleven new essays in this collection, written by an excellent international team of philosophers, some well-established, some younger scholars, give a rich overview of the current debate over weakness of will and practical irrationality more generally. Issues covered include classical questions such as the distinction between weakness and compulsion, the connection between evaluative judgement and motivation, the role (...) of emotions in akrasia, rational agency, and the existence of the will. The also include new topics, such as group akrasia, strength of will, the nature of correct choice, the structure of decision theory, the temporality of prudential reasons, and emotional rationality. Because these questions cut across philosophy of mind and ethics, the collection will be essential reading for scholars, postgraduates, and upper-level undergraduates in both these fields. (shrink)

This book evaluates the major debates around which the discipline of international relations has developed in the light of contemporary feminist theories. The three debates (realist versus idealist, scientific versus traditional, modernist versus postmodernist) have been subject to feminist theorising since the earliest days of known feminist activities, with the current emphasis on feminist, empiricist standpoint and postmodernist ways of knowing. Christine Sylvester shows how feminist theorising could have affected our understanding of international relations had it been included in (...) the three debates. She elaborates a feminist method of empathetically cooperative conversation which challenges the identity politics of IR, and illustrates that method with reference to the Greenham Common Women's Peace Camp and the efforts of Zimbabwean women to negotiate international funding for their local producer cooperatives. (shrink)

Ethical concepts as a rule are alien to economists. Business is business, and ethics is ethics. Economics is one thing, and culture is quite another, and the fatal flaw of economic theory, as well as of contemporary attempts to determine the correct economic policy for a transition to the market, resides in this opposition.

The Straight Edge hardcore movement at the end of the twentieth century managed to achieve a remarkable inversion of lifestyle values. Turning their lifestyle choice of no drinking, smoking, and drugs into a cool thing, not a good thing, they exposed how rebellious ethics mixed with anger and aggressive youth culture can make a powerful and energetic mix. Their inversion of the lifestyle values of the rebel and hedonist generation just before them could in turn be folded upon itself in (...) continuously new ways, turning anger toward many social ills into processes of awareness-raising as well as social mobilization. In the realm of fashion, could a utopia of sustainable consumerism perhaps also be folded and queered in... (shrink)

For I envied the arrogant when I saw the prosperity of the wicked. They have no struggles; their bodies are healthy and strong. They are free from common human burdens; they are not plagued by human ills. Therefore pride is their necklace; they clothe themselves with violence.Fashion is a mimetic phenomenon. It thrives in the pleasures and desires of imitation. As sociologist Yuniya Kawamura notices in her book Fashion-ology, early sociologists, such as Veblen, Tarde, and Simmel, all regard fashion as (...) a "concept of imitation."1 Even if their specific theories differ, Veblen, Tarde, and Simmel saw fashion as an imitative "flow" most dominantly from the superior to inferior, and this became known as the... (shrink)