""Catching Ourselves in the Act" is no less than an attempt to explain intelligence. Delightful how the author dismantles traditional views in.

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of scholarship rather than politics. Notwithstanding its unwieldy name, the text is nothing less than the draft of the central components of a European Civil Code. The following article aims (...) to inform the reader about this potentially important document and to initiate further academic debate about it. Following an overview of the genesis and content of the DCFR (Part 1), the discussion focuses on whether, and to what extent, it is based upon consistent and convincing core aims and values (Part 2). The article then proceeds to address, more specifically, the significance of private autonomy, and it examines the extent to which the proposed rules satisfy the requirements of legal certainty and legal clarity (Part 3). Thereafter, the DCFR is measured against the criteria of internal consistency and systematic integrity (Part 4). Also (Part 5) the question is asked whether the Draft critically reflects and convincingly integrates the sources on which it is based (that is the Lando Commission's Principles of European Contract Law and the Acquis Principles, as well as the private law traditions of the Member States). Also deserving of attention is the inclusion of more than 120 definitions of central concepts of private law, which are not to be found in this form or level of detail in either the Lando Principles or the national private laws (Part 6). (shrink)

Although the individuality of whole-body movements has been suspected for years, the scientific proof and systematic investigation that individuals possess unique movement patterns did not manifest until the introduction of the criteria of uniqueness and persistence from the field of forensic science. Applying the criteria of uniqueness and persistence to the individuality of motor learning processes requires complex strategies due to the problem of persistence in the learning processes. One approach is to examine the learning process of different movements. For (...) this purpose, it is necessary to differentiate between two components of movement patterns: the individual-specific component and the discipline-specific component. To this end, a kinematic analysis of the shot put, discus, and javelin throwing movements of seven high-performance decathletes during a qualification competition was conducted. In total, joint angle waveforms of 57 throws formed the basis for the recognition task of individual- and discipline-specific throwing patterns using a support vector machine. The results reveal that the kinematic throwing patterns of the three disciplines could be distinguished across athletes with a prediction accuracy of up to 100% (57 of 57 throws). However, athlete-specific throwing characteristics could also be identified across the three disciplines. Prediction accuracies of up to 52.6% indicated that up to 10 out of 19 throws of a discipline could be assigned to the correct athletes, based on only knowing these athletes from the kinematic throwing patterns in the other two disciplines. The results further suggest that individual throwing characteristics across disciplines are more pronounced in shot put and discus throwing than in javelin throwing. Applications for training and learning practice in sports and therapy are discussed. In summary, the chosen approach offers a broad field of application related to the search of individually optimal movement solutions in sports. (shrink)

Cet ouvrage rassemble les oeuvres philosophiques de François Hemsterhuis, l'un des représentants les plus importants du mouvement d'idées appelé le siècle des lumières. Ses écrits portent sur des sujets variés tels que l'esthétique, l'éthique, la métaphysique, etc. Ils sont accompagnés d'une préface de Friedrich Heinrich Jacobi, autre figure marquante du mouvement. Cet ouvrage est un témoignage passionnant de la philosophie du XVIIIe siècle. This work has been selected by scholars as being culturally important, and is part of the knowledge base (...) of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this paper, we first classify different types of second opinions and evaluate the ethical and epistemological implications of providing those in a clinical context. Second, we discuss the issue of how artificial intelligent could replace the human cognitive labour of providing such second opinion and find that several AI reach the levels of accuracy and efficiency needed to clarify their use an urgent ethical issue. Third, we outline the normative conditions of how AI may be used as second opinion (...) in clinical processes, weighing the benefits of its efficiency against concerns of responsibility attribution. Fourth, we provide a ‘rule of disagreement’ that fulfils these conditions while retaining some of the benefits of expanding the use of AI-based decision support systems in clinical contexts. This is because the rule of disagreement proposes to use AI as much as possible, but retain the ability to use human second opinions to resolve disagreements between AI and physician-in-charge. Fifth, we discuss some counterarguments. (shrink)

The revised edition contains a new chapter which provides an elegant description of the semantics. The various classes of lambda calculus models are described in a uniform manner. Some didactical improvements have been made to this edition. An example of a simple model is given and then the general theory (of categorical models) is developed. Indications are given of those parts of the book which can be used to form a coherent course.

The aim of this article is to elucidate the processes that characterize natural language interpretation. The basic hypothesis is that natural language interpretation can be characterized as an optimization problem. This innovative view on interpretation is shown to account for the crucial role of contextual information while avoiding certain well-known problems associated with compositionality. This will become particularly clear in the context of incomplete expressions. Our approach takes as a point of departure total freedom of interpretation in combination with the (...) parallel application of soft constraints on possible interpretations. These constraints can be contextual, intonational or syntactic in nature. The integration of pragmatic and syntactic/semantic information in a system of ranked constraints is proposed to correctly derive the optimal interpretations in cases of nominal anaphorization, determiner quantification and elliptical comparatives. (shrink)

Hendrik Lorenz presents a comprehensive study of Plato's and Aristotle's conceptions of non-rational desire. They see this as something that humans share with animals, and which aims primarily at the pleasures of food, drink, and sex. Lorenz explores the cognitive resources that both philosophers make available for the explanation of such desires, and what they take rationality to add to the motivational structure of human beings. In doing so, he finds conceptions of the mind that are coherent and deeply integrated (...) with both philosophers' views about such topics as the relation between body and soul, or the nature of the virtues. (shrink)

ABSTRACT:I argue that there are, according to Aristotle, two importantly different kinds of goals or ends in the domain of human agency and that one of these two kinds has been frequently, though not universally, overlooked. Apart from psychological goals, goals that agents adopt as their purposes, there are also, I submit, goals that actions have by being the kinds of actions they are and, in some cases, by occurring in the circumstances in which they do. These latter goals belong (...) to suitable actions whether or not agents adopt them as purposes and whether or not agents are aware of them. There is evidence both in Aristotle's ethical writings and in his discussion of chance and luck in Physics II.4–6 that he recognizes goals of this latter kind. (shrink)

The reliability of clinical practice guidelines has been disputed because guideline panel members are often burdened with financial conflicts of interest. Current recommendations for COI regulation advise not only detailed declaration but also active management of conflicts. To continuously assess COI declaration and management in German guidelines we established the public database LeitlinienWatch. We analyzed all German guidelines at the highest methodological level that included recommendations for pharmacological therapy according to five criteria: declaration and assessment of COI, composition of the (...) guideline development group, independence of the coordinators and lead authors, imposed abstentions because of COI and public external review. Each criterion was assessed using predefined outcome categories. Most guidelines contained a detailed declaration of COI. However, none of the guidelines provided full transparency of COI assessment results. The guideline group was composed of a majority of participants with COI in 55% of the guidelines, no guideline was free of participants with COI. Only 9% of guidelines had coordinators and lead authors without any financial COI. Most guidelines did not provide a rule for abstentions for participants with COI. In 21% of guidelines there was a rule, but abstentions were either not practiced or not documented, whereas in 7% partial abstentions and in 2% complete abstentions were documented. Two thirds of the guideline drafts were not externally reviewed via a public website. COI are usually documented in detail in German guidelines of the highest methodological level. However, considerable improvement is needed regarding active management of COI, including recruitment of independent experts for guideline projects, abstention from voting for participants with COI and external review of the guideline draft. We assume that the publicly available ratings on GuidelineWatch will improve the handling of conflicts of interest in guideline development. (shrink)

Aristotle takes practical wisdom and arts or crafts to be forms of knowledge which, we argue, can usefully be thought of as ‘empiricist’. This empiricism has two key features: knowledge does not rest on grasping unobservable natures or essences; and knowledge does not rest on grasping logical relations that hold among propositions. Instead, knowledge rests on observation, memory, experience and everyday uses of reason. While Aristotle’s conception of theoretical knowledge does require grasping unobservable essences and logical relations that hold among (...) suitable propositions, his conception of practical and productive knowledge avoids such requirements and is consistent with empiricism. (shrink)

The central theme of this essay concerns the historical character of human nature and especially of human reason. This theme I will develop first of all by discussing briefly that aspect of the present-day philosophical debate, in which this theme takes pride of place. Thus, in the first section, I will try to show which predicament the participants of this debate face in the defense of their position. In the second section, I will discuss the main ideas of Herman Dooyeweerd’s (...) transcendental critique of theoretical thought. This critique, which Dooyeweerd himself considered to be a Christian critique on the whole tradition of philosophical thought, is closely tied up with the theme of this chapter. The problem of the historical character of human rationality — or in the words of Dooyeweerd, ‘the problem of historicism’ — formed for a large part the setting in which he developed his critique. Although I fully accord with the main thrust of Dooyeweerd’s philosophy and especially endorse that which motivated him in his transcendental critique, there are, nevertheless, elements in his conception which have dissatisfied me for a long time. His critique needs to be revised, in my opinion. In section three, I shall attempt such a revision, by taking as a starting point the idea of the ‘answering nature of humankind,’ an idea which I have worked out elsewhere. (shrink)

New fetal therapies offer important prospects for improving health. However, having to consider both the fetus and the pregnant woman makes the risk–benefit analysis of fetal therapy trials challenging. Regulatory guidance is limited, and proposed ethical frameworks are overly restrictive or permissive. We propose a new ethical framework for fetal therapy research. First, we argue that considering only biomedical benefits fails to capture all relevant interests. Thus, we endorse expanding the considered benefits to include evidence-based psychosocial effects of fetal therapies. (...) Second, we reject the commonly proposed categorical risk and/or benefit thresholds for assessing fetal therapy research. Instead, we propose that the individual risks for the pregnant woman and the fetus should be justified by the benefits for them and the study’s social value. Studies that meet this overall proportionality criterion but have mildly unfavorable risk–benefit ratios for pregnant women and/or fetuses may be acceptable. (shrink)

This chapter contains section titled: I II III IV V.

Pragma-dialectical approaches to legal argumentation seem to be rather different from traditional approaches appealing to standards of propositional logic. Pragma-dialectical analysis of arguments by analogy and e contrario seem to fall foul to the rigors of logical analysis, in which problems or even concepts of analogy and e contrario seem to disappear. The brunt of both types of special legal argumentation appears to be borne by often implicit general principles and an appeal to the system of the law as a (...) whole. Still, pragma-dialectics and logical analysis of legal argument are best seen as fruitfully supplementing each other in ongoing research of ever evolving legal argument. (shrink)

We analyze investors’ perception and long-term effects of board gender diversity on firms’ stock market performance in an international setting. Our results, controlling for the endogenous nature of board compositions, indicate that female board representation neither improves nor reduces firms’ long-term stock performance. Hence, we argue that it is imperative to go beyond the conventional thinking in terms of the business case for gender diversity and broaden the perspective also to incorporate societal and ethical aspects in the strive to board (...) gender equality. Even more so, as our results show that it does not entail reduced shareholder value, which the literature on mandatory gender quotas commonly seems to suggest. (shrink)

When heterogeneous players make strategic investment decisions in multi-stage contests, they might conserve resources in a current contest to spend more in a subsequent contest, if the degree of heterogeneity in the current contest is sufficiently large. We confirm these predictions using data from German professional soccer, in which players are subject to a one-match ban if they accumulate five yellow cards. Players with four yellow cards facing the risk of being suspended for the next match are less likely to (...) be fielded when the heterogeneity in the current match increases and more likely to receive a fifth yellow card in the current match when heterogeneity in the next match increases or heterogeneity in the next match but one decreases. (shrink)

The project 'Facing Forward' started with a collaboration between five institutions: the Stedelijk Museum Amsterdam, the Amsterdam School for Cultural Analysis at the University of Amsterdam, De Appel arts centre, W139, the Stedelijk Museum Bureau Amsterdam and the art magazine Metroplis M. Having previously organized the lecture series and publications 'Right About Now: Art & Theory in the 1990s' (2005/2006) and 'Now is the Time: Art & Theory in the 21st Century' (2008/2009), the organizing committee decided to take the final (...) step in this timeline and turn its attention to the far horizon. Informed by a shared interest in the role that history, speculation, and utopianism play in the field of contemporary art and design (as well as the larger context of global, socio-economic and political developments), a selection of seven themes emerged from the conversations of the initial organizers. These would eventually shape the seven lecture and discussions events - collected in this volume of essays - publicized under the banner Art & Theory From a Future Perspective. A great number of internationally renowned speakers were invited to reflect on the proposed themes during often sold-out events, which were presented at the Oude Lutherse Kerk in Amsterdam in 2011/2012. Yet, however compelling our desire as organizers to go beyond the framework of contemporary events and the current interest, well-nigh obsession, with history, it is obviously an illusion to think that we can escape the past by means of a turn towards the future."--Page 8. (shrink)

Although Darwinian concepts have largely been banned from the social sciences of the last century, they have recently seen a revival in several disciplines such as sociology, anthropology, or economics. Most of the current proponents of evolutionary theorizing in the social sciences avoid references to the older literature on social evolution. On that background, this article presents a contribution to Darwinist thinking in early American sociology that has mainly been overlooked in the literature. As the leading figure of the Human (...) Ecology Approach, which was established during the 1920s and 1930s, Robert Ezra Park drew heavily on evolutionary concepts to explain human evolution. A systematic presentation of these concepts in the light of the modern discussion on sociocultural evolution is given, followed by a conclusion about what can be learned from Park today. (shrink)

This paper provides a new rationale for equating brain death with the death of the human organism, in light of well-known criticisms made by Alan D Shewmon, Franklin Miller and Robert Truog and a number of other writers. We claim that these criticisms can be answered, but only if we accept that we have slightly redefined the concept of death when equating brain death with death simpliciter. Accordingly, much of the paper defends the legitimacy of redefining death against objections, before (...) turning to the specific task of defending a new rationale for equating brain death with death as slightly redefined. (shrink)

An architect and architectural philosopher, Berlage created a series of buildings and a body of writings that probed the problems and possibilities of Modernism. His principal texts, given here in English for the first time, present a vital chapter in the history of European Modernism.

When Immanuel Bekker, the editor to whom Aristotle owes his page numbers, travelled to Paris in search of manuscripts between 1810 and 1812, Theognis had been a mainstay of classical scholarship for many hundreds of years. Even so, the small tenth-century parchment volume Bekker discovered there came as a surprise. Not only did it contain a text of theTheognideawhich was four hundred years older than the earliest codex known so far; it also added an entirely new section of 176 lines. (...) Presented by the scribe as ‘book 2’ of theElegiac Poemsby Theognis, they revolved around the theme of pederastic love – until then a topic not usually associated with the moralist from Megara. In spite of their similarities to what had now turned into ‘book 1’, they were dismissed as a late forgery almost instantly after Bekker's 1815 edition. Although that view came to be challenged later and can now be considered obsolete, even van Groningen's first comprehensive commentary to theTheognidea, published in 1966 and not superseded since, breaks off where the second book would have begun. Until today, research on this part of the Theognidean corpus has not grown much beyond a trickle flowing at some distance from the classical mainstream. (shrink)

Ancient philosophical theories of soul are in many respects sensitive to ways of speaking and thinking about the soul psuchê] that are not specifically philosophical or theoretical. We therefore begin with what the word ‘soul’ meant to speakers of Classical Greek, and what it would have been natural to think about and associate with the soul. We then turn to various Presocratic thinkers, and to the philosophical theories that are our primary concern, those of Plato (first in the Phaedo, then (...) in the Republic), Aristotle (in the De Anima or On the Soul ), Epicurus, and the Stoics. These are by far the most carefully worked out theories of soul in ancient philosophy. Later theoretical developments — for instance, in the writings of Plotinus and other Platonists, as well as the Church Fathers — are best studied against the background of the classical theories, from which, in large part, they derive. (shrink)

After a short sketch of Lowe’s account of his four basic categories, I discuss his theory of formal ontological relations and how Lowe wants to account for dispositional predications. I argue that on the ontic level Lowe is a pan-categoricalist, while he is a language dualist and an exemplification dualist with regard to the dispositional/categorical distinction. I argue that Lowe does not present an adequate account of disposition. From an Aristotelian point of view, Lowe conflates dispositional predication with hôs epi (...) to poly statements about what is normally or mostly the case. (shrink)

This paper explores the role and resolution of disagreements between physicians and their diagnostic AI-based decision support systems. With an ever-growing number of applications for these independently operating diagnostic tools, it becomes less and less clear what a physician ought to do in case their diagnosis is in faultless conflict with the results of the DSS. The consequences of such uncertainty can ultimately lead to effects detrimental to the intended purpose of such machines, e.g. by shifting the burden of proof (...) towards a physician. Thus, we require normative clarity for integrating these machines without affecting established, trusted, and relied upon workflows. In reconstructing different causes of conflicts between physicians and their AI-based tools—inspired by the approach of “meaningful human control” over autonomous systems and the challenges to resolve them—we will delineate normative conditions for “meaningful disagreements”. These incorporate the potential of DSS to take on more tasks and outline how the moral responsibility of a physician can be preserved in an increasingly automated clinical work environment. (shrink)

Many virtue epistemologists conceive of epistemic competence on the model of skill —such as archery, playing baseball, or chess. In this paper, I argue that this is a mistake: epistemic competences and skills are crucially and relevantly different kinds of capacities. This, I suggest, undermines the popular attempt to understand epistemic normativity as a mere special case of the sort of normativity familiar from skilful action. In fact, as I argue further, epistemic competences resemble virtues rather than skills—a claim that (...) is based on an important, but often overlooked, difference between virtue and skill. The upshot is that virtue epistemology should indeed be based on virtue, not on skill. (shrink)