The article discusses topics in the context of contemporary legal argumentation. It starts with a sketch of the development of topics from ancient times until the present day. Here the author focuses on the theory of the German legal philosopher Theodor Viehweg, which was most influential to legal argumentation in the 20th century. Then a modern concept of topics is introduced and finally the author discusses the role of topics in contemporary legal argumentation. In this part the distinction between topoi (...) in the weak sense (practically all argumentation schemes) and in the strong sense (specific legal topoi as listed by Gerhard Struck in 1971 is introduced. The author argues that Viehweg’s claim that topics plays an important role in legal argumentation is problematic, because topoi in the weak sense are certainly of high importance, but this is almost trivial. Topoi in the strong sense on the other hand are only of minor importance for legal practice. What characterises legal discourse much more is a set specific pragmatic discourse rules, discussed at the end of the paper. (shrink)

The reconstruction of meaning in the aftermath of sudden infant death syndrome (SIDS) is part of the grieving process but has to date been poorly understood. Earlier theorists including Freud, Bowlby and Kübler‐Ross provided a foundation for what occurs during this time using stage theories. More recent researchers, often using qualitative techniques, have provided a more complex and expanded view that enhances our knowledge of meaning reconstruction following infant loss. This overview of representative contemporary authors compares and contrasts them with (...) the longstanding models that are being supplanted within the emerging field of thanatology. Understanding parental reactions within this new framework can help healthcare professionals in dealing with those affected by SIDS and provide a more empathic and sensitive approach to individual differences. Parents’ own accounts of their post‐SIDS experience are consistent with these newer theories. Comprehending how parents cope and reconstruct their lives is an important element in providing appropriate psychological support services. (shrink)

Are there key respects in which character and character defects are voluntary? Can agents with serious vices be rational agents? Jonathan Jacobs answers in the affirmative. Moral character is shaped through voluntary habits, including the ways we habituate ourselves, Jacobs believes. Just as individuals can voluntarily lead unhappy lives without making unhappiness an end, so can they degrade their ethical characters through voluntary action that does not have establishment of vice as its end. Choosing Character presents an account of ethical (...) disability, expanding the domain of responsibility and explicating the role of character in ethical cognition. Jacobs contends that agents become ethically disabled voluntarily when their habits impair their ability to properly appreciate ethical considerations. Such agents are rational, responsible individuals who are yet incapable of virtuous action. The view develops and modifies Aristotelian claims concerning the fixity of character. Jacobs' interpretation is developed in contrast to the overlooked work of Maimonides, who also used Aristotelian resources but argued for the possibility of character change. The notion of ethical disability has profound ramifications for ethics and for current debates about blame and punishment. (shrink)

In the 1980s, a number of philosophers argued that perception is analog. In the ensuing years, these arguments were forcefully criticized, leaving the thesis in doubt. This paper draws on Weber’s Law, a well-entrenched finding from psychophysics, to advance a new argument that perception is analog. This new argument is an adaptation of an argument that cognitive scientists have leveraged in support of the contention that primitive numerical representations are analog. But the argument here is extended to the representation of (...) non-numerical magnitudes, such as luminance and distance, and shown to apply to perception and not just cognition. The relevant sense of ‘analog’ is also clarified, and two powerful objections are addressed. Finally, the question whether perception’s analog vehicles are located in conscious experience is explored and related to a well-known controversy within psychophysics. (shrink)

Drawing on recent findings in the cognitive and neurosciences, this article discusses how people manage to predict each other’s actions, which is fundamental for joint action. We explore how a common coding of perceived and performed actions may allow actors to predict the what, when, and where of others’ actions. The “what” aspect refers to predictions about the kind of action the other will perform and to the intention that drives the action. The “when” aspect is critical for all joint (...) actions requiring close temporal coordination. The “where” aspect is important for the online coordination of actions because actors need to effectively distribute a common space. We argue that although common coding of perceived and performed actions alone is not sufficient to enable one to engage in joint action, it provides a representational platform for integrating the actions of self and other. The final part of the paper considers links between lower‐level processes like action simulation and higher‐level processes like verbal communication and mental state attribution that have previously been at the focus of joint action research. (shrink)

Steven Rose's book is essentially a plea for considering the variety and complexity of life and against simplistic reductions of human and animal behavioral phenomena to single genetic causes.

The Chorus representation is a sparse, similarity-preserving representation achieved by a feedforward neural network. Hence it is probably better suited for interpolation than for categorization. This commentary raises the question of how to combine categorization with interpolation, whether feedforward networks can be reasonable models for parts of the cerebral cortex, and whether people can perform more than one interpolation at a time.

We briefly review the long-standing ideas about the use of synchronicity in the brain, which rely on Donald Hebb's views on cell assemblies and synaptic plasticity. More recently the distinction among several timescales in the description of neural activity has become a focus of theoretical discussion. Phillips & Singer's target article is criticized mainly because it does not distinguish these timescales properly and hence does not really address the questions so intensely debated today.

Philosophy, scientific psychology, and common sense all distinguish perception from cognition. While there is little agreement about how the perception–cognition boundary ought to be drawn, one prominent idea is that perceptual states are dependent on a stimulus, or stimulus-dependent, in a way that cognitive states are not. This paper seeks to develop this idea in a way that can accommodate two apparent counterexamples: hallucinations, which are prima facie perceptual yet stimulus-independent; and demonstrative thoughts, which are prima facie cognitive yet stimulus-dependent. (...) The payoff is not only a specific proposal for marking the perception–cognition boundary, but also a deeper understanding of the natures of hallucination and demonstrative thought. (shrink)

According to the Generality Constraint, mental states with conceptual content must be capable of recombining in certain systematic ways. Drawing on empirical evidence from cognitive science, I argue that so-called analogue magnitude states violate this recombinability condition and thus have nonconceptual content. I further argue that this result has two significant consequences: it demonstrates that nonconceptual content seeps beyond perception and infiltrates cognition; and it shows that whether mental states have nonconceptual content is largely an empirical matter determined by the (...) structure of the neural representations underlying them. (shrink)

Jacobs' interpretation is developed in contrast to the overlooked work of Maimonides, who also used Aristotelian resources but argued for the possibility of ...

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1979.

In The Border between Seeing and Thinking, Ned Block argues that the distinction between perception and cognition should be grounded in representational format. I object that cognition is multifaceted, and includes representations with the same format as some perceptual representations. We can save Block’s view by interpreting it as concerning the border between one elite species of cognition—namely, propositional thought—and everything below it, including perception. But that leaves the border between perception and cognition in general unexplained. To fill this gap, (...) I recommend my stimulus-dependence account of the border and reply to objections Block raises against it. This brings into relief a category of mind that is crucial to understanding human infants and nonhuman animals—namely, nonpropositional cognition, which sits between perception and propositional thought. (shrink)

John Morrison has argued that confidences are assigned in perceptual experience. For example, when you perceive a figure in the distance, your experience might assign a 55-percent confidence to the figure’s being Isaac. Morrison’s argument leans on the phenomenon of ‘completely trusting your experience’. I argue that Morrison presupposes a problematic ‘importation model’ of this familiar phenomenon, and propose a very different way of thinking about it. While the article’s official topic is whether confidences are assigned in perceptual experience, it (...) is also about two more general issues: how we can determine which properties are assigned in perceptual experience; and how we transition from perception to belief. (shrink)

The ‘expropriation of the expropriators’ is a delicious turn of phrase, one that Marx even compares to Hegel’s infamous ‘negation of the negation’. But what does it mean, and is it still relevant today? Before I analyse the content of Marx’s expression, I briefly consider contemporary legal understandings of expropriation, as well as some examples of it. In the remainder of the essay, I spell out different kinds of expropriation in Marx and focus on an ambiguity at the core of (...) the notion of ‘expropriating the expropriators’, namely, whether it describes an immanent and objective tendency within the development of the capitalist mode of production or else actively prescribes a form of revolutionary political praxis for the working class. My answer is that it does both, though not without tension. Finally, I develop some implications of these reflections by showing how the concept of expropriation can be put to use today, in struggles around housing, climate and work. (shrink)

I offer here a new hypothesis about the nature of implicit attitudes. Psy- chologists and philosophers alike often distinguish implicit from explicit attitudes by maintaining that we are aware of the latter, but not aware of the former. Recent experimental evidence, however, seems to challenge this account. It would seem, for example, that participants are frequently quite adept at predicting their own perfor- mances on measures of implicit attitudes. I propose here that most theorists in this area have nonetheless overlooked (...) a commonsense distinction regarding how we can be aware of attitudes, a difference that fundamentally distinguishes implicit and explicit attitudes. Along the way, I discuss the implications that this distinction may hold for future debates about and experimental investigations into the nature of implicit attitudes. (shrink)

Business ethics, corporate social responsibility, corporate citizenship, values-driven management, corporate governance, and ethical leadership are necessary ...

This is the first coherent description of all levels of communication of ciliates. Ciliates are highly sensitive organisms that actively compete for environmental resources. They assess their surroundings, estimate how much energy they need for particular goals, and then realise the optimum variant. They take measures to control certain environmental resources. They perceive themselves and can distinguish between ‘self’ and ‘non-self’. They process and evaluate information and then modify their behaviour accordingly. These highly diverse competences show us that this is (...) possible owing to sign-mediated communication processes within ciliates, between the same, related and different ciliate species, and between ciliates and non-ciliate organisms. This is crucial in coordinating growth and development, shape and dynamics. This book further serves as a learning tool for research aspects in biocommunication in ciliates. It will guide scientists in further investigations on ciliate behavior, how they mediate signaling processes between themselves and the environment. (shrink)

First, I offer a short overview on the classical occidental philosophy as propounded by the ancient Greeks and the natural philosophies of the last 2000 years until the dawn of the empiricist logic of science in the twentieth century, which wanted to delimitate classical metaphysics from empirical sciences. In contrast to metaphysical concepts which didn’t reflect on the language with which they tried to explain the whole realm of entities empiricist logic of science initiated the end of metaphysical theories by (...) reflecting on the preconditions for foundation and justification of sentences about objects of investigation, i.e. a coherent definition of language in general, which was not the aim of classical metaphysics. Unexpectedly empiricist logic of science in the linguistic turn failed in the physical and mathematical reductionism of language and its use in communication, as will be discussed below in further detail. Nevertheless, such reflection on language and communication also introduced this vocabulary into biology. Manfred Eigen and bioinformatics, later on biolinguistics, used ‘language’ applied linguistic turn thinking to biology coherent to the logic of science and its formalisable aims. This changed significantly with the birth of biosemiotics and biohermeneutics. At the end of this introduction it will be outlined why and how all these approaches reproduced the deficiencies of the logic of science and why the biocommunicative approach avoids their abstractive fallacies. (shrink)

Abstract The quasispecies theory is a helpful concept in the explanation of RNA virus evolution and behaviour, with a relevant impact on methods used to fight viral diseases. It has undergone some adaptations to integrate new empirical data, especially the non-deterministic nature of mutagenesis, and the variety of behavioural motifs in cooperation, competition, communication, innovation, integration, and exaptation. Also, the consortial structure of quasispecies with complementary roles of memory genomes of minority populations better fits the empirical data than did the (...) original concept of a master sequence and its mutant spectra. The high productivity of quasispecies variants generates unique sequences that never existed before and will never exist again. In the present essay, we underline that such sequences represent really new ontological entities, not just error copies of previous ones. Their primary unique property, the incredible variant production, is suggested here as quasispecies productivity, which replaces the error-replication narrative to better fit into a new relationship between mankind and living nature in the twenty-first century. (shrink)

Empirical discussions of mental representation appeal to a wide variety of representational kinds. Some of these kinds, such as the sentential representations underlying language use and the pictorial representations of visual imagery, are thoroughly familiar to philosophers. Others have received almost no philosophical attention at all. Included in this latter category are analogue magnitude representations, which enable a wide range of organisms to primitively represent spatial, temporal, numerical, and related magnitudes. This article aims to introduce analogue magnitude representations to a (...) philosophical audience by rehearsing empirical evidence for their existence and analysing their format, their content, and the computations they support. 1 Background1.1 Evidence of analogue magnitude representations1.2 Weber’s law1.3 Scepticism about analogue magnitude representations2 Format2.1 Carey’s analogy2.2 Neural realization2.3 Analogue representation2.4 Analogue magnitude representation components3 Content3.1 Do analogue magnitude representations have representational content?3.2 What do analogue magnitude representations represent?3.3 What content types do analogue magnitude representations have?4 Computations4.1 Arithmetic computation4.2 Practical deliberation5 Conclusion. (shrink)

Manfred Eigen employs the terms language and communication to explain key recombination processes of DNA as well as to explain the self-organization of human language and communication: Life processes as well as language and communication processes are governed by the logic of a molecular syntax, which is the exact depiction of a principally formalizable reality. The author of the present contribution demonstrates that this view of Manfred Eigen’s cannot be sufficiently substantiated and that it must be supplemented by an approach (...) based on linguistic pragmatics. (shrink)

The animal agriculture industry causes animals a tremendous amount of pain and suffering. Many ethical vegans argue that we therefore have an obligation to abstain from animal products in order to reduce this suffering. But this argument faces a challenge: thanks to the size and structure of the animal agriculture industry, any individual’s dietary choices are overwhelmingly unlikely to make a difference. In this paper, we criticize common replies to this challenge and develop an alternative argument for ethical veganism. Specifically, (...) we argue that individuals should abstain from animal products because vegans, as a group, successfully reduce animal suffering, and individuals are obligated to participate in, rather than free ride on, this collective endeavor. Or, at the very least, individuals have strong reasons to purchase fewer inhumanely raised animal products—even if they are not obligated to go vegan per se. (shrink)

Wigner's quantum-mechanical classification of particle-types in terms of irreducible representations of the Poincaré group has a classical analogue, which we extend in this paper. We study the compactness properties of the resulting phase spaces at fixed energy, and show that in order for a classical massless particle to be physically sensible, its phase space must feature a classical-particle counterpart of electromagnetic gauge invariance. By examining the connection between massless and massive particles in the massless limit, we also derive a classical-particle (...) version of the Higgs mechanism. (shrink)

Darwinian evolutionary theory has two key terms, variations and biological selection, which finally lead to survival of the fittest variant. With the rise of molecular genetics, variations were explained as results of error replications out of the genetic master templates. For more than half a century, it has been accepted that new genetic information is mostly derived from random error-based events. But the error replication narrative has problems explaining the sudden emergence of new species, new phenotypic traits, and genome innovations (...) as a sudden single event. Meanwhile, it is recognized that errors cannot explain the evolution of genetic information, genetic novelty, and complexity. Now, empirical evidence establishes the crucial role of non-random genetic content editors, such as viruses, diversity generating retroelements, and other RNA networks, to produce new genetic information, complex regulatory control, inheritance vectors, genetic identity, immunity, new sequence space, evolution of complex organisms, and evolutionary transitions. (shrink)

A background assumption in much contemporary political philosophy is that justice is the first virtue of social institutions, taking priority over other values such as beneficence. This assumption is typically treated as a methodological starting point, rather than as following from any particular moral or political theory. In this paper, I challenge this assumption. To frame my discussion, I argue, first, that justice doesn’t in principle override beneficence, and second, that justice doesn’t typically outweigh beneficence, since, in institutional contexts, the (...) stakes of beneficence are often extremely high. While there are various ways one might resist this argument, none challenge the core methodological point that political philosophy should abandon its preoccupation with justice and begin to pay considerably more attention to social beneficence—that is, to beneficence understood as a virtue of social institutions. Along the way, I also highlight areas where focusing on social beneficence would lead political philosophers in new and fruitful directions, and where normative ethicists focused on personal beneficence might scale up their thinking to the institutional case. GPI Working Paper No. 11-2022. (shrink)

Drawing on the empirical premise that attention makes objects look more intense, Ned Block has argued for mental paint, a phenomenal residue that cannot be reduced to what is perceived or represented. If sound, Block's argument would undermine direct realism and representationism, two widely held views about the nature of conscious perception. We argue that Block's argument fails because the empirical premise it is based upon is false. Attending to an object alters its salience, but not its perceived intensity. We (...) also argue that salience should be equated with mental primer, a close cousin of mental paint that reintroduces difficulties for direct realism and representationism. The upshot is that direct realism and representationism are still in trouble, but not for the reason that Block thinks. (shrink)

Building on Christopher Peacocke’s account of analog perceptual contentand my own account of analog perceptual vehicles, I defend three claims: that theperception of magnitudes often has analog contents; that the perception of magni-tudes often has analog vehicles; and that the first claim is true in virtue of the second—that is, the analog vehicles help to ground the analog contents.

Our world is complex—it is composed of many interacting parts—and this complexity poses a serious difficulty for theorists of social reform. On the one hand, we cannot merely work out ways of ameliorating immediate problems of injustice, because the solutions we generate may interact to set back the achievement of overall long-term justice. On the other, we cannot supplement such problem solving with theorizing about how to make progress towards a long-term goal of ideal justice, because the very interactions that (...) render problem solving unsatisfactory raise insurmountable epistemic difficulties for this latter approach. To accommodate complexity, we must therefore give up on ideal theory, and instead supplement problem solving with a new sort of theorizing that aims to work out how to make our institutional arrangements more progressive: more conducive to further improvements in general, though not necessarily to the achievement of any antecedently specified goal. More concretely, we must identify ways of improving our capacity to flexibly experiment with many promising solutions to problems as they arise, to select for those solutions that prove successful while eliminating those that do not, and to learn from both our successes and our inevitable failures. (shrink)

This is the first book to systemize all levels of communicative behavior of phages. Phages represent the most diverse inhabitants on this planet. Until today they are completely underestimated in their number, skills and competences and still remain the dark matter of biology. Phages have serious effects on global energy and nutrient cycles. Phages actively compete for host. They can distinguish between ‘self’ and ‘non-self’. They process and evaluate available information and then modify their behaviour accordingly. These diverse competences show (...) us that this capacity to evaluate information is possible owing to communication processes within phages, between the same, related and different phage species, and between phages and non-phage organisms. This is crucial in coordinating infection strategies and recombination in phage genomes. In 22 chapters, expert contributors review current research into the varying forms of phage biocommunication and Phagetherapy. Biocommunication of Phages aims to assess the current state of research, to orient further investigations on how phages communicate with each other to coordinate their behavioral patterns, and to inspire further investigation of the role of non-phage viruses in these highly dynamic interactional networks. (shrink)

Most moral and political theories require us to make interpersonal comparisons of welfare. This poses a challenge to the popular view that welfare consists in the satisfaction of preferences or des...

According to Rosenthal's higher-order thought (HOT) theory of consciousness, one is in a conscious mental state if and only if one is aware of oneself as being in that state via a suitable HOT. Several critics have argued that the possibility of so-called targetless HOTs?that is, HOTs that represent one as being in a state that does not exist?undermines the theory. Recently, Wilberg (2010) has argued that HOT theory can offer a straightforward account of such cases: since consciousness is a (...) property of mental state tokens, and since there are no states to exhibit consciousness, one is not in conscious states in virtue of targetless HOTs. In this paper, I argue that Wilberg's account is problematic and that Rosenthal's version of HOT theory, according to which a suitable HOT is both necessary and sufficient for consciousness, is to be preferred to Wilberg's account. I then argue that Rosenthal's account can comfortably accommodate targetless HOTs because consciousness is best understood as a property of individuals, not a property of states. (shrink)