We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

Treating mathematical science as a distinct cultural entity subject to environmental factors which influence its evolution, the author examines the creation and development of its major concepts since early times.

Wakefield’s harmful dysfunction analysis asserts that the concept of medical disorder includes a naturalistic component of dysfunction and a value component, both of which are required for disorder attributions. Muckler and Taylor, defending a purely naturalist, value-free understanding of disorder, argue that harm is not necessary for disorder. They provide three examples of dysfunctions that, they claim, are considered disorders but are entirely harmless: mild mononucleosis, cowpox that prevents smallpox, and minor perceptual deficits. They also reject the proposal that dysfunctions (...) need only be typically harmful to qualify as disorders. We argue that the proposed counterexamples are, in fact, considered harmful; thus, they fail to disconfirm the harm requirement: incapacity for exertion is inherently harmful, whether or not exertion occurs, cowpox is directly harmful irrespective of indirect benefits, and colorblindness and anosmia are considered harmful by those who consider them disorders. We also defend the typicality qualifier as viably addressing some apparently harmless disorders and argue that a dysfunction’s harmfulness is best understood in dispositional terms. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

In ‘Rethinking Disease’, Powell and Scarffe1 propose what in effect is a modification of Jerome Wakefield’s2 3 harmful dysfunction analysis of medical disorder. The HDA maintains that ‘disorder’ is a hybrid factual and value concept requiring that a biological dysfunction, understood as a failure of some feature to perform a naturally selected function, causes harm to the individual as evaluated by social values. Powell and Scarffe accept both the HDA’s evolutionary biological function component and its incorporation of a value component. (...) Their proposed ‘new twist’ is to revise the value component: ‘Our proposed definition of disease is as follows: a biomedical state is a disease only if it implicates a biological dysfunction that is, or would be, properly disvalued’. So, they propose that a disorder is a ‘properly disvalued dysfunction’ rather than a ‘harmful dysfunction’, an approach they term ‘thickly normative’ in contrast to the thin normative approach of the HDA. There has been a surge of interest recently in better understanding the ‘harm’ component of the HDA. Powell and Scarffe’s analysis is a helpful contribution to this discussion. We focus here exclusively on their proposal regarding the analysis of the concept of disorder and ignore many important related issues that the authors address, ranging from prioritising resource allocation between disorders and non-disorders to whether the concept of disorder should be replaced by a generic welfarist concept. The resolution of these additional issues depends on first understanding ‘disorder’. The authors’ proposed changes to the HDA also deserve evaluation because the HDA, which has been endorsed by leading nosologists,4 plays an influential role in nosological debate across categories of disorder ranging, for example, from sexual paraphilias5 to psychopathy.6 A basic problem is that Powell and Scarffe misinterpret …. (shrink)

A milestone in the development of post-war Marxist thought.

This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. The author opposes the currently more fashionable view that it is always right for the individual to do that which produces the most good. Among (...) the salient topics covered are: an account of the utilitarian function in society of generally accepted moral rules; a discussion of how we interpret existing moral rules and create new ones; and a defence of 'rule' utilitarianism against the charge that it either commits one to irrational rule worship, or collapses into a form of 'act' utilitarianism. This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. (shrink)

On the received view, the Representational Theory of Measurement reduces measurement to the numerical representation of empirical relations. This account of measurement has been widely criticized. In this article, I provide a new interpretation of the Representational Theory of Measurement that sidesteps these debates. I propose to view the Representational Theory of Measurement as a library of theorems that investigate the numerical representability of qualitative relations. Such theorems are useful tools for concept formation that, in turn, is one crucial aspect (...) of measurement for a broad range of cases in linguistics, rational choice, metaphysics, and the social sciences. (shrink)

Empathy remains poorly understood, under-theorized, and subject to conflicting and opportunistic uses. Its systematic role in human experience has not been analyzed and interpreted from top to bottom. In this book, the author attempts to provide such an analysis in the philosophical traditions of hermeneutics, phenomenology, analytic philosophy of language, and psychoanalysis. applying his interpretation of empathy to the philosophical issues of intentionality, the emotions, and the checkered transformations of empathy itself. In doing so the author aims to rescue empathy (...) from the margins of intelligibility and reveal its central role in our understanding of the emotions, the integrity of our relations with others, and human community (“intersubjectivity”). -/- The work draws on both the Anglo-American (“analytic”) tradition of ordinary language philosophy and the continental ones of phenomenology and hermeneutics. This work follows the movement of empathy from the periphery of ethics, aesthetics, and theory of mind to a key place in establishing and maintaining the integrity and emotional equilibrium of dynamic interrelations with other individuals. Beginning with the philosophical infrastructure of the hermeneutics of empathy, this work thoroughly explains the complex architecture of empathy, tracing it downward through the levels of authentic human interrelations, empathy with unexpressed emotions, the empathic penetrability of cognitively impenetrable affect, the first-ever intentional analysis of both the empathizer and the “empathasand” in interrelation, and the hermeneutic infrastructure. The consequences of empathy are exposed in the context of the emotions, cognitive impenetrability, empathy and altruism, and the intentionality of empathy as accessed through language and story telling. Drawing on the multi-method approach of hermeneutics, phenomenology, and story telling, this work demonstrates that empathy forms the foundation for community in ways not clearly appreciated in the on-going debate. In a bootstrap operation that is guided by Heidegger’s call for a “special hermeneutic of empathy,” this work achieves a delicate balancing act of unpacking the rich intellectual traditions from which empathy - the phenomenon itself, not the concept - emerged historically. The result is an exposure of the deep structure of empathy as a fundamentally human capability for creating possibilities of community and human relations. (shrink)

This paper provides a methodological analysis of Libertarian Paternalism, as put forward in the book Nudge by Richard Thaler and Cass Sunstein (Yale University Press, 2008). Libertarian Paternalism aims to use the accumulated findings of behavioural economics in order to assist decision-makers to make better choices. The philosophical debate about this proposal has focused on normative issues with regards to this proposal. This paper analyses Libertarian Paternalism descriptively and points out four methodological conditions for successful Nudges. On that basis, a (...) methodological critique of Libertarian Paternalism is mounted: the success conditions suggest that Nudges might be even harder to implement and to justify than commonly assumed in the philosophical debate. (shrink)

I examine Kant’s claim in part one of Religion within the Boundaries of Mere Reason that moral reform requires both a ‘change of heart’ and gradual reformation of one’s sense (R, 6: 47). I argue that Kant’s conception of moral reform is neither fundamentally obscure nor is it as vulnerable to serious objections as several commentators have suggested. I defend Kant by explaining how he can maintain both that we can choose our moral disposition via an intelligible choice and that (...) we become good through a continuous struggle. I then provide an interpretation of how moral reform occurs in the phenomenal realm. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

New Blackfriars, Volume 102, Issue 1101, Page 728-744, September 2021.

We confront the philosophical literature on fair division problems with axiomatic and game-theoretic work in economics. Firstly, we show that the proportionality method advocated in Curtis is not implied by a general principle of fairness, and that the proportional rule cannot be explicated axiomatically from that very principle. Secondly, we suggest that Broome’s notion of claims is too restrictive and that game-theoretic approaches can rectify this shortcoming. More generally, we argue that axiomatic and game-theoretic work in economics is an indispensable (...) ingredient of any theorizing about fair division problems and allocative justice. (shrink)

Philosophical theories of fairness propose to divide a good that several individuals have a claim to in proportion to the strength of their respective claims. We suggest that currently, these theories face a dilemma when dealing with a good that is indivisible. On the one hand, theories of fairness that use weighted lotteries are either of limited applicability or fall prey to an objection by Brad Hooker. On the other hand, accounts that do without weighted lotteries fall prey to three (...) fairness paradoxes. We demonstrate that division methods from apportionment theory, which has hitherto been ignored by philosophical theories of fairness, can be used to provide fair division for indivisible goods without weighted lotteries and without fairness paradoxes. (shrink)

PURPOSE: There is an increasing demand for researchers to provide research results to participants. Our aim was to define an appropriate process for this, based on needs and attitudes of participants. METHODS: A multicenter survey in five sites in the United States and Canada was offered to parents of children with cancer and adolescents with cancer. Respondents indicated their preferred mode of communication of research results with respect to implications; timing, provider, and content of the results; reasons for and against (...) providing results; and barriers to providing results. RESULTS: Four hundred nine parents (including 19 of deceased children) and 86 adolescents responded. Most parents (n = 385; 94.2%) felt that they had a strong right to research results. For positive results, most wanted a letter or e-mail summary (n = 238; 58.2%) or a phone call followed by a letter (n = 100; 24.4%). If the results were negative, phone call (n = 136; 33.3%) or personal visits (n = 150; 36.7%) were preferred. Parents wanted the summary to include long-term sequelae and suggestions for participants (n = 341; 83.4%), effect on future treatments (n = 341; 83.4%), and subsequent research steps (n = 284; 69.5%). Understanding the researcher was a main concern about receiving results (n = 145; 35.5%). Parents felt that results provide information to support quality of life (n = 315; 77%) and raise public awareness of research (n = 282; 68.9%). Adolescents identified similar preferences. CONCLUSION: Parents of children with cancer and adolescents with cancer feel strongly that they have a right to be offered research results and have specific preferences of how and what information should be communicated. (shrink)

Examination of visual images in evening network television stories about 5 environmental catastrophes indicates that news producers usually ignored their own network's policies about identifying news footage from advocacy groups and almost always ignored their own network's policies about labeling file hotage. In some unlabeled footage was used in symbolic ways that would not substantially mislead viewers. In other cases, unlabeled video suggested the persistence of a catastrophic reality that had not existed for as long as 4 years.

The earliest known products of human imagination appear to express a primordial concern and struggle with thoughts of dying and of death and mortality. I argue that the structures and processes of imagination evolved in that struggle, in response to debilitating anxieties and fearful states that would accompany an incipient awareness of mortality. Imagination evolved to find that which would make the nascent apprehension of death more bearable, to engage in a search for alternative perceptions of death: a search that (...) was beyond the capability of the external senses. I argue that imagination evolved as flight and fight adaptations in response to debilitating fears that paralleled an emerging foreknowledge of death. Imagination, and symbolic language to express its perceptions, would eventually lead to religious behavior and the development of cultural supports. Although highly speculative, my argument draws on recent brain studies, and on anthropology, psychology, and linguistics. (shrink)

The objective to which this manuscript is oriented to is focused on the analysis of interpersonal communication in sport. The multimodal essence of human nature adopts special characteristics in individual and team sports, given the roles that athletes adopt in different circumstances, depending on the contingencies that characterize each competition or each training session. Themixed methodsframework allows us to advance in the ways of integration between qualitative and quantitative elements, taking advantage of the proven possibilities of systematic observation, which we (...) can considermixed methodin itself, and which provides rigor and flexibility in the study of the communicative flow in sport. In any sport, the procedure followed by systematic observation may require direct observation, which is characterized by its high perceptiveness, or indirect observation, when it comes to verbal behavior or documentary material. In all cases, the procedure is structured in three macro-stages: QUAL-QUAN-QUAL. In this work we start from a conceptual positioning about interpersonal communication, to later show the sequential gear in sports about obtaining qualitative data, its transformation into other types of data that are still qualitative but have been structured, analyze them quantitatively, and return to a qualitative stage where the interpretation of the results is possible. This process ofquantitizingconstitutes the cornerstone that gives shape and structure to any research on interpersonal communication in sport that combines the fine nuances of qualitative data (a motor action, a gesture, an exclamation,…) with the power of robust quantitative data analysis suitable for the treatment of organized qualitative data, which will provide qualitativefeed-back. (shrink)

His Mithridate is one of the first works of linguistics, with numerous citations and samples (twenty-six versions of the Our Father). This edition is presented with an introduction, the Latin text and translation and critical apparatus.

Instead he argues that there is an essence of comedy in the area of spirit rather than form, perspective rather than pattern. He draws upon the rich historical ensemble of types of comic figures, with a chapter devoted to each: the humorist, comedian, comic hero, rogue, trickster, clown, fool, underdog, and simpleton. He shows how each type incarnates a comic heroism in its own unique manner, offering a profound wisdom and philosophy of life.

The important ‘no-envy’ fairness criterion has typically been attributed to Foley and sometimes to Tinbergen. We reveal that Jan Tinbergen introduced ‘no-envy’ as a fairness criterion in his article “Mathematiese Psychologie” published in 1930 in the Dutch journal Mens en Maatschappij and translated as “Mathematical Psychology” in 2021 in the Erasmus Journal for Philosophy and Economics. Our article accompanies the translation: we introduce Tinbergen’s 1930 formulation of the ‘no-envy’ criterion, compare it to other formulations, and comment on its significance for (...) the fairness literature in philosophy and economics. (shrink)

Ever since the publication of Singer’s (1972) article on ‘Famine, Affluence, and Morality’ have debates about duties to the distant needy been marked by a high degree of controversy. Most contributors discuss how duties are established or influenced by the fact that those in need of help can be geographically close or distant. In other words, they debate the problem of duty and distance from the perspective of duties. Here, we change tack and put the concept of distance at the (...) centre of the analysis. We ask: what precisely is the definition and role of geographical distance in the different contributions? We argue that a distinction between empirical and moral disagreement over geographical distance clarifies several important aspects of the debate. The analysis also sheds new light on duties in the current European refugee crisis. (shrink)

PURPOSE: The offer to return research results to participants is increasingly recognized as an ethical obligation, although few researchers routinely return results. We examined the needs and attitudes of parents of children with cancer and of adolescents with cancer to the return of research results. METHODS: Seven experts in research ethics scored content validity on parent and adolescent questionnaires previously developed through focus group and phone interviews. The questionnaires were revised and provided to 30 parents and 10 adolescents in a (...) tertiary care oncology setting. RESULTS: The content validity index for individual questions and the overall questionnaires scored as 0.86 for both questionnaires. All 30 parents and 10 adolescents who agreed to participate returned questionnaires. The majority (>95%) indicated that they had a strong or very strong right to receive results. Letter or e-mail was a satisfactory means to return results described as good or neutral (66% parents, 100% adolescents) but more participants wished face-to-face disclosure of results with negative implications (50% parents, 60% adolescents). Very few wanted results disseminated through a Web site. The majority acknowledged the need for peer-review before disclosure (60% of adolescents and parents) but did not want "to be the last to know." CONCLUSIONS: Our data suggest that pediatric oncology patients and parents of children with cancer strongly feel that they have a right to research results, and that they wish to receive these in a timely manner. (shrink)

This paper is an in depth visual and theoretical analysis of Quentin Tarantino’s 2009 film Inglourious Basterds. The central questions with which the essay contends are how Quentin Tarantino represents Nazis within his film, as represented by Colonel Hans Landa and Adolf Hitler and where the film fits within the American tradition of representing Nazis on-screen. Inglourious Basterds creates an argument that the Nazi regime itself was a type of performance; the regime’s politics are explicitly theatrical, and the only weapon (...) capable of taking it down is an equally powerful theatrical machine: Hollywood. (shrink)

Controversies about time discounting loom large in decisions about climate change. Prominently, a particularly controversial debate about time discounting in climate change decision-making has been conducted within climate economics, between the authors of Stern et al. and their critics :977–981, 2006; Weitzman in J Econ Lit XLV:703–724, 2007; Nordhaus in J Econ Lit XLV:686–702, 2007). The article examines the role of values in this debate. Firstly, it is shown that time discounting is a case in which values are key because (...) it is at heart an ethical problem. Secondly, it is argued that time discounting in climate economics is a case of economists making frequent and routine references to ethical values and indeed conduct ethical debates with each other. Thirdly, it is argued that there is evidence for deep and pervasive entanglement between facts and values in the prevalent methodologies for time discounting. Finally, it is argued that this means that economists have given up the ‘value-free ideal’ concerning time discounting, and discussed how the current methodology of time discounting in economics can be improved. (shrink)