How should judges deal with the manifestation of religious symbols in public educational institutions? In light of the important role of human rights in our legal and political system, courts should grant maximum protection under the freedom of religion or belief. The central thesis of this article is that the European Court of Human Rights fails to live up to this standard. In order to reach this conclusion, the article analyzes relevant case law of the European Court and compares its (...) case law with that of the high courts of Canada and South Africa. In addition, the article assesses the case law of all three courts from the angle of interpretation theory and particularly Cass R. Sunstein’s theory of judicial minimalism. Adoption of a more consistently minimalist methodology by the European Court might lead to a greater protection granted to individuals and groups. However, a wide and deep ruling is first required to overturn the current line of reasoning. The European Court can draw inspiration from Canada and South Africa for such a judgment. (shrink)

Peer review is a widely accepted instrument for raising the quality of science. Peer review limits the enormous unstructured influx of information and the sheer amount of dubious data, which in its absence would plunge science into chaos. In particular, peer review offers the benefit of eliminating papers that suffer from poor craftsmanship or methodological shortcomings, especially in the experimental sciences. However, we believe that peer review is not always appropriate for the evaluation of controversial hypothetical science. We argue that (...) the process of peer review can be prone to bias towards ideas that affirm the prior convictions of reviewers and against innovation and radical new ideas. Innovative hypotheses are thus highly vulnerable to being “filtered out” or made to accord with conventional wisdom by the peer review process. Consequently, having introduced peer review, the Elsevier journal Medical Hypotheses may be unable to continue its tradition as a radical journal allowing discussion of improbable or unconventional ideas. Hence we conclude by asking the publisher to consider re-introducing the system of editorial review to Medical Hypotheses. (shrink)

© 2016 Regents of the University of California.The Review summarizes much of particle physics and cosmology. Using data from previous editions, plus 3,062 new measurements from 721 papers, we list, evaluate, and average measured properties of gauge bosons and the recently discovered Higgs boson, leptons, quarks, mesons, and baryons. We summarize searches for hypothetical particles such as supersymmetric particles, heavy bosons, axions, dark photons, etc. All the particle properties and search limits are listed in Summary Tables. We also give numerous (...) tables, figures, formulae, and reviews of topics such as Higgs Boson Physics, Supersymmetry, Grand Unified Theories, Neutrino Mixing, Dark Energy, Dark Matter, Cosmology, Particle Detectors, Colliders, Probability and Statistics. Among the 117 reviews are many that are new or heavily revised, including those on Pentaquarks and Inflation. The complete Review is published online in a journal and on the website of the Particle Data Group. The printed PDG Book contains the Summary Tables and all review articles but no longer includes the detailed tables from the Particle Listings. A Booklet with the Summary Tables and abbreviated versions of some of the review articles is also available. (shrink)

We present a one per cent measurement of the cosmic distance scale from the detections of the baryon acoustic oscillations in the clustering of galaxies from the Baryon Oscillation Spectroscopic Survey, which is part of the Sloan Digital Sky Survey III. Our results come from the Data Release 11 sample, containing nearly one million galaxies and covering approximately 8500 square degrees and the redshift range 0.2 < z < 0.7. We also compare these results with those from the publicly released (...) DR9 and DR10 samples. Assuming a concordance Λ cold dark matter cosmological model, the DR11 sample covers a volume of 13 Gpc3 and is the largest region of the Universe ever surveyed at this density. We measure the correlation function and power spectrum, including density-field reconstruction of the BAO feature. The acoustic features are detected at a significance of over 7σ in both the correlation function and power spectrum. Fitting for the position of the acoustic features measures the distance relative to the sound horizon at the drag epoch, rd, which has a value of rd,fid = 149.28 Mpc in our fiducial cosmology. We find DV = at z = 0.32 and DV = at z = 0.57. At 1.0 per cent, this latter measure is the most precise distance constraint ever obtained from a galaxy survey. Separating the clustering along and transverse to the line of sight yields measurements at z = 0.57 of DA = and H =. Our measurements of the distance scale are in good agreement with previous BAO measurements and with the predictions from cosmic microwave background data for a spatially flat CDM model with a cosmological constant. © 2014 The Author Published by Oxford University Press on behalf of the Royal Astronomical Society. (shrink)

Zusammenfassung: Die für diesen Schwerpunkt ausgewählten Beiträge setzen sich aus sachlich, methodologisch sowie disziplinär vielfältigen Perspektiven mit dem Thema der Grenze, der Grenzziehung und des Grenzregimes auseinander. Während Grenzen in der normativen politischen Philosophie und Theorie kaum als eigenständiges Problem behandelt bzw. zumeist traditionell, d. h. als für territorial verankerte staatliche Zuständigkeitsbereiche konstitutive statische Trennlinien begriffen werden, wird in den hier versammelten Texten der Versuch unternommen, diese präziser und detaillierter in ihrer gegenwärtigen Gestalt und Wirkungsweise zu bestimmen, um auf dieser (...) Grundlage alternative grenztheoretische Modelle zu entwickeln. Im Zentrum steht dabei die Frage, in welcher Weise sich die zunehmende Beweglichkeit von Grenzen – eine Beweglichkeit, die nicht nur neu konfigurierten politisch-rechtlichen Maßnahmen und Institutionen, sondern auch neuen Kontrolltechnologien geschuldet ist – auf das Verständnis von staatlicher Souveränität, von demokratischer Legitimität oder von Menschenrechten auswirkt. In dieser Einleitung werden zum einen einige maßgebliche rezente Grenzziehungsphänomene erörtert, die im Licht der Covid-19-Pandemie in besonderer Deutlichkeit zutage treten; zum anderen werden Grundzüge eines veränderten politiktheoretischen Nachdenkens über Grenzen skizziert. Daneben werden die sieben Beiträge des Schwerpunkts überblicksartig vorgestellt. (shrink)

Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity impliesthat corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This is (...) a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

Artykuł ukazuje problematykę rozwoju majątku Floriana Zebrzydowskiego h. Radwan (zm. 1566), jednego z najbardziej zaufanych dworzan, wojskowych i urzędników Zygmunta Augusta. Stosując metodę indukcyjną, zwrócono uwagę na niemal nieznane dotychczas w historiografii wejście przez Zebrzydowskiego w posiadanie majątku we wsi Radocza k. Wadowic w księstwie zatorskim. Jako współwłaściciel tej wsi Zebrzydowski procesował się w latach 1549–1550 z Jakubem Frydrychowskim. Z kolei dokumentem z 1551 roku król nadał Zebrzydowskiemu przywilej budowania tamy/ fosy na rz. Skawie w celu doprowadzania wody do majątku (...) w Radoczy, co było niezbędne m.in. do zbudowania stawów rybnych (edycja wraz z tłumaczeniem w Aneksie). Osiem lat później Florian Zebrzydowski przeprowadził transakcję majątkową dotyczącą Radoczy z Felicją Frydrychowską i jej mężem Stanisławem Milanowskim. Nie udało się jednak ustalić, kiedy dostojnik pozbył się majątku w tej wsi, jednak źródła z okresu ostatnich lat jego życia i kolejnych dziesięcioleci wymieniające właścicieli Radoczy nie wspominają już o Zebrzydowskich. Przy okazji ustaleń dotyczących Radoczy ukazano także przykładowe inne transakcje majątkowe, w których brał udział Zebrzydowski. Studium miało za zadanie zasygnalizować konieczność podjęcia szerszych badań nad rozwojem majątku Floriana Zebrzydowskiego w powiązaniu ze sprawami majątkowymi jego rodziny, szkicując tym samym nowe perspektywy badawcze. (shrink)

In this paper, we argue that, barring a few important exceptions, the phenomenon we refer to using the expression “being moved” is a distinct type of emotion. In this paper’s first section, we motivate this hypothesis by reflecting on our linguistic use of this expression. In section two, pursuing a methodology that is both conceptual and empirical, we try to show that the phenomenon satisfies the five most commonly used criteria in philosophy and psychology for thinking that some affective episode (...) is a distinct emotion. Indeed, being moved, we claim, is the experience of a positive core value (particular object) perceived by the moved subject as standing out (formal object) in the circumstances triggering the emotion. Drawing on numerous examples, we describe the distinctively rich phenomenology characteristic of the experience as well as the far-reaching action-tendencies and functions associated with it. Having thus shown that the candidate emotion seem to satisfy the five criteria, we go on, in section three, to compare it with sadness and joy, arguing that it should not be confused with either. Finally, in section four, we illustrate the explanatory power of our account of “being moved” by showing how it can shed light on, and maybe even justify, the widespread distrust we feel towards the exhibition of ‘sentimentality’. On the whole and if we are right, we have uncovered an emotion which, though never or rarely talked about, is of great interest and no small importance. (shrink)

In this paper, we argue that, barring a few important exceptions, the phenomenon we refer to using the expression “being moved” is a distinct type of emotion. In this paper’s first section, we motivate this hypothesis by reflecting on our linguistic use of this expression. In section two, pursuing a methodology that is both conceptual and empirical, we try to show that the phenomenon satisfies the five most commonly used criteria in philosophy and psychology for thinking that some affective episode (...) is a distinct emotion. Indeed, being moved, we claim, is the experience of a positive core value (particular object) perceived by the moved subject as standing out (formal object) in the circumstances triggering the emotion. Drawing on numerous examples, we describe the distinctively rich phenomenology characteristic of the experience as well as the far-reaching action-tendencies and functions associated with it. Having thus shown that the candidate emotion seem to satisfy the five criteria, we go on, in section three, to compare it with sadness and joy, arguing that it should not be confused with either. Finally, in section four, we illustrate the explanatory power of our account of “being moved” by showing how it can shed light on, and maybe even justify, the widespread distrust we feel towards the exhibition of ‘sentimentality’. On the whole and if we are right, we have uncovered an emotion which, though never or rarely talked about, is of great interest and no small importance. (shrink)

Machine learning-driven clinical decision support systems (ML-CDSSs) seem impressively promising for future routine and emergency care. However, reflection on their clinical implementation reveals a wide array of ethical challenges. The preferences, concerns and expectations of professional stakeholders remain largely unexplored. Empirical research, however, may help to clarify the conceptual debate and its aspects in terms of their relevance for clinical practice. This study explores, from an ethical point of view, future healthcare professionals’ attitudes to potential changes of responsibility and decision-making (...) authority when using ML-CDSS. Twenty-seven semistructured interviews were conducted with German medical students and nursing trainees. The data were analysed based on qualitative content analysis according to Kuckartz. Interviewees’ reflections are presented under three themes the interviewees describe as closely related: (self-)attribution of responsibility, decision-making authority and need of (professional) experience. The results illustrate the conceptual interconnectedness of professional responsibility and its structural and epistemic preconditions to be able to fulfil clinicians’ responsibility in a meaningful manner. The study also sheds light on the four relata of responsibility understood as a relational concept. The article closes with concrete suggestions for the ethically sound clinical implementation of ML-CDSS. (shrink)

Responding to recent concerns about the reliability of the published literature in psychology and other disciplines, we formed the X-Phi Replicability Project to estimate the reproducibility of experimental philosophy. Drawing on a representative sample of 40 x-phi studies published between 2003 and 2015, we enlisted 20 research teams across 8 countries to conduct a high-quality replication of each study in order to compare the results to the original published findings. We found that x-phi studies – as represented in our sample (...) – successfully replicated about 70% of the time. We discuss possible reasons for this relatively high replication rate in the field of experimental philosophy and offer suggestions for best research practices going forward. (shrink)

This paper provides a comprehensive review of the experimental philosophy of action, focusing on the various different accounts of the Knobe Effect.

Metaphysicians who are aware of modern physics usually follow Putnam (1967) in arguing that Special Theory of Relativity is incompatible with the view that what exists is only what exists now or presently. Partisans of presentism (the motto ‘only present things exist’) had very difficult times since, and no presentist theory of time seems to have been able to satisfactorily counter the objection raised from Special Relativity. One of the strategies offered to the presentist consists in relativizing existence to inertial (...) frames. This unfashionable strategy has been accused of counterfeiting, since the meaning of the concept of existence would be incompatible with its relativization. Therefore, existence could only be relativistically invariant. In this paper, I shall examine whether such an accusation hits its target, and I will do this by examining whether the different criteria of existence that have been suggested by the Philosophical Tradition from Plato onwards imply that existence cannot be relativized. (shrink)

Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really the case that most people (...) spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general. (shrink)

In the past decade, experimental philosophy---the attempt at making progress on philosophical problems using empirical methods---has thrived in a wide range of domains. However, only in recent years has aesthetics succeeded in drawing the attention of experimental philosophers. The present paper constitutes the first survey of these works and of the nascent field of 'experimental philosophy of aesthetics'. We present both recent experimental works by philosophers on topics such as the ontology of aesthetics, aesthetic epistemology, aesthetic concepts, and imagination, as (...) well as research from other disciplines that not only are relevant to philosophy of aesthetics but also open new avenues of research for experimental philosophy of aesthetics. Overall, we conclude that the birth of an experimental philosophy of aesthetics is good news not only for aesthetics but also for experimental philosophy itself, as it contributes to broaden the scope of experimental philosophy. (shrink)

We challenge an argument that aims to support Aesthetic Realism by claiming, first, that common sense is realist about aesthetic judgments because it considers that aesthetic judgments can be right or wrong, and, second, that becauseAesthetic Realism comes from and accounts for “folk aesthetics,” it is the best aesthetic theory available.We empirically evaluate this argument by probing whether ordinary people with no training whatsoever in the subtle debates of aesthetic philosophy consider their aesthetic judgments as right or wrong. Having shown (...) that the results do not support the main premise of the argument, we discuss the consequences for Aesthetic Realism and address possible objections to our study. (shrink)

Studying the folk concept of intentional action, Knobe (2003a) discovered a puzzling asymmetry: most people consider some bad side effects as intentional while they consider some good side effects as unintentional. In this study, we extend these findings with new experiments. The first experiment shows that the very same effect can be found in ascriptions of intentionality in the case of means for action. The second and third experiments show that means are nevertheless generally judged more intentional than side effects, (...) and that people do take into account the structure of the action when ascribing intentionality. We then discuss a number of hypotheses that can account for these data, using reactions times from our first experiment. (shrink)

One of the goals of computerized tutoring systems is to optimize the learning of facts. Over a hundred years of declarative memory research have identified two robust effects that can improve such systems: the spacing and the testing effect. By making optimal use of both and adjusting the system to the individual learner using cognitive models based on declarative memory theories, such systems consistently outperform traditional methods. This adjustment process is driven by a continuously updated estimate of the rate of (...) forgetting for each item and learner on the basis of the learner's accuracy and response time. In this study, we investigated to what extent these estimates of individual rates of forgetting are stable over time and across different materials. We demonstrate that they are stable over time but not across materials. Even though most theories of human declarative memory assume a single underlying rate of forgetting, we show that, in practice, it makes sense to assume different materials are forgotten at different rates. If a computerized, adaptive fact-learning system allowed different rates of forgetting for different materials, it could adapt to individual learners more readily. (shrink)

If feeling a genuine emotion requires believing that its object actually exists, and if this is a belief we are unlikely to have about fictional entities, then how could we feel genuine emotions towards these entities? This question lies at the core of the paradox of fiction. Since its original formulation, this paradox has generated a substantial literature. Until recently, the dominant strategy had consisted in trying to solve it. Yet, it is more and more frequent for scholars to try (...) to dismiss it using data and theories coming from psychology. In opposition to this trend, the present paper argues that the paradox of fiction cannot be dissolved in the ways recommended by the recent literature. We start by showing how contemporary attempts at dissolving the paradox assume that it emerges from theoretical commitments regarding the nature of emotions. Next, we argue that the paradox of fiction rather emerges from everyday observations, the validity of which is independent from any such commitment. This is why we then go on to claim that a mere appeal to psychology in order to discredit these theoretical commitments cannot dissolve the paradox. We bring our discussion to a close on a more positive note, by exploring how the paradox could in fact be solved by an adequate theory of the emotions. (shrink)

S'il y a sens à parler d'un problème du réel, c'est du point de vue d'une réflexivité qui pose le concept même de réel. L'intérêt de la phénoménologie est de reconduire à la structure de cette réflexivité au sein de l'expérience. Le concret phénoménologique ne se révèle pas seulement dans la description (si subtile et attentive soit-elle), mais dans l'explicitation de la description. Il faut donc coordonner ces deux dimensions, la tension phénoménologique vers le concret et la tension réflexive dégageant (...) ce même concret comme concret en l'analysant dans sa relation au discours qui l'élabore. C'est l'articulation de ces deux dimensions que nous caractérisons de démarche transcendantale. Tel est donc le discours philosophique transcendantal : il réfléchit ses propres conditions d'effectuation et celles de ce qu'il déploie. Cette transcendantalité s'exprime à travers la mise à jour d'un réseau de coimplications ; une dimension de l'expérience se révèle par rapport à une autre, dont la mise au clair renvoie à son tour à d'autres types de structures qui ne prennent elles-mêmes sens qu'au regard du processus de pensée qui revient à les poser. A travers l'analyse de corpus, husserliens d'abord, puis heideggériens, merleau-pontyens, richiriens, etc., cet ouvrage tend à dégager une telle logique transcendantale pour situer les décisions fondamentales de ces philosophies dans un espace problématique, et à mieux comprendre ce qui en motive chaque fois le geste. Pour conclure, suit un exposé plus détaillé des traits caractéristiques d'un tel transcendantalisme dynamique. (shrink)

t. 1. "Myśl i rzeczywistość" i inne pisma filozofizne.

Deep neural networks have become increasingly successful in applications from biology to cosmology to social science. Trained DNNs, moreover, correspond to models that ideally allow the prediction of new phenomena. Building in part on the literature on ‘eXplainable AI’, I here argue that these models are instrumental in a sense that makes them non-explanatory, and that their automated generation is opaque in a unique way. This combination implies the possibility of an unprecedented gap between discovery and explanation: When unsupervised models (...) are successfully used in exploratory contexts, scientists face a whole new challenge in forming the concepts required for understanding underlying mechanisms. (shrink)

Manipulation arguments that start from the intuition that manipulated agents are neither free nor morally responsible then conclude to that free will and moral responsibility are incompatible with determinism. The Zygote argument is a special case of Manipulation argument in which the manipulation intervenes at the very conception of the agent. In this paper, I argue that the Zygote argument fails because (i) very few people share the basic intuitions the argument rests on, and (ii) even those who share this (...) intuition do so for reasons that are unrelated to determinism. Rather, I argue that intuitions about the Zygote argument (and Manipulation arguments in general) are driven by people's intuitions about the deep self, as shown by the fact that intuitions about manipulated agents depend on the moral value of the agent's behavior. (shrink)

We challenge an argument that aims to support Aesthetic Realism by claiming, first, that common sense is realist about aesthetic judgments because it considers that aesthetic judgments can be right or wrong, and, second, that becauseAesthetic Realism comes from and accounts for “folk aesthetics,” it is the best aesthetic theory available.We empirically evaluate this argument by probing whether ordinary people with no training whatsoever in the subtle debates of aesthetic philosophy consider their aesthetic judgments as right or wrong. Having shown (...) that the results do not support the main premise of the argument, we discuss the consequences for Aesthetic Realism and address possible objections to our study. (shrink)

One of the goals of computerized tutoring systems is to optimize the learning of facts. Over a hundred years of declarative memory research have identified two robust effects that can improve such systems: the spacing and the testing effect. By making optimal use of both and adjusting the system to the individual learner using cognitive models based on declarative memory theories, such systems consistently outperform traditional methods (Van Rijn, Van Maanen, & Van Woudenberg, 2009). This adjustment process is driven by (...) a continuously updated estimate of the rate of forgetting for each item and learner on the basis of the learner's accuracy and response time. In this study, we investigated to what extent these estimates of individual rates of forgetting are stable over time and across different materials. We demonstrate that they are stable over time but not across materials. Even though most theories of human declarative memory assume a single underlying rate of forgetting, we show that, in practice, it makes sense to assume different materials are forgotten at different rates. If a computerized, adaptive fact‐learning system allowed different rates of forgetting for different materials, it could adapt to individual learners more readily. (shrink)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people have compatibilist (...) intuitions. (shrink)

Do laypeople think that moral responsibility is compatible with determinism? Recently, philosophers and psychologists trying to answer this question have found contradictory results: while some experiments reveal people to have compatibilist intuitions, others suggest that people could in fact be incompatibilist. To account for this contradictory answers, Nichols and Knobe (2007) have advanced a ‘performance error model’ according to which people are genuine incompatibilist that are sometimes biased to give compatibilist answers by emotional reactions. To test for this hypothesis, we (...) investigated intuitions about determinism and moral responsibility in patients suffering from behavioural frontotemporal dementia. Patients suffering from bvFTD have impoverished emotional reaction. Thus, the ‘performance error model’ should predict that bvFTD patients will give less compatibilist answers. However, we found that bvFTD patients give answers quite similar to subjects in control group and were mostly compatibilist. Thus, we conclude that the ‘performance error model’ should be abandoned in favour of other available model that best fit our data. (shrink)

Experimental philosophy has blossomed into a variety of philosophical fields including ethics, epistemology, metaphysics and philosophy of language. But there has been very little experimental philosophical research in the domain of philosophical aesthetics. Advances to Experimental Philosophy of Aesthetics introduces this burgeoning research field, presenting it both in its unity and diversity, and determining the nature and methods of an experimental philosophy of aesthetics. Addressing a wide variety of empirical claims that are of interest to philosophers and psychologists, a team (...) of authors from different disciplines tackle traditional and new problems in aesthetics, including the nature of aesthetic properties and norms, the possibility of aesthetic testimony, the role of emotions and moral judgment in art appreciation, the link between art and language, and the role of intuitions in philosophical aesthetics. Interacting with other disciplines such as moral psychology and linguistics, it demonstrates how philosophical aesthetics can integrate empirical methods and discover new ways of approaching core problems. Advances to Experimental Philosophy of Aesthetics is an important contribution to understanding aesthetics in the 21st century. (shrink)

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish two (...) kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)