Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The (...) author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective. (shrink)

This paper draws on an in-depth phenomenological analysis of some interviews taken from volunteers, inviting them to reflect on their lived experiences of meaningfulness in the context of volunteering and citizenship. It is found that while some testimonies reinforce the standard conceptions of meaningfulness, other testimonies vary from it. The main challenge of this contribution consists in phenomenologically describing this alternative picture of meaningfulness, depicted as the event of witnessing. In a final part, the authors consider how volunteering is at (...) times especially prone to further experiences of witnessing. (shrink)

In this paper the author discusses the legitimation of judicial review of legislation. He argues that such a legitimation is not just a moral matter but is to be considered more generally in terms of societal acceptability, since it is based on a wide range of reasons including moral, social and pragmatic concerns. Moreover, the paper stresses that the legitimation of judicial decisions should be properly viewed in a circular perspective, so that the relationship between legislators and judges cannot be (...) reduced to an absolute supremacy of those who are democratically elected over those who apply the law. On the contrary, the law is constantly made, adapted and developed in legal practice and legal decisions are basically legitimated through several processes of deliberative communication. (shrink)

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this (...) complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions. (shrink)

Die historische Entwicklung der Rechtstheorie. Die Rechtstheorie als interdisziplinäre Wissenschaft. Die interdisziplinarität als Forschungsmethode.

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

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)

Recent advances in wireless data transmission technology have the potential to revolutionize clinical neuroscience. Today sensing-capable electrical stimulators, known as “bidirectional devices”, are used to acquire chronic brain activity from humans in natural environments. However, with wireless transmission come potential failures in data transmission, and not all available devices correctly account for missing data or provide precise timing for when data losses occur. Our inability to precisely reconstruct time-domain neural signals makes it difficult to apply subsequent neural signal processing techniques (...) and analyses. Here, our goal was to accurately reconstruct time-domain neural signals impacted by data loss during wireless transmission. Towards this end, we developed a method termed Periodic Estimation of Lost Packets. PELP leverages the highly periodic nature of stimulation artifacts to precisely determine when data losses occur. Using simulated stimulation waveforms added to human EEG data, we show that PELP is robust to a range of stimulation waveforms and noise characteristics. Then, we applied PELP to local field potential recordings collected using an implantable, bidirectional DBS platform operating at various telemetry bandwidths. By effectively accounting for the timing of missing data, PELP enables the analysis of neural time series data collected via wireless transmission—a prerequisite for better understanding the brain-behavior relationships underlying neurological and psychiatric disorders. (shrink)

ABSTRACT We investigate a logic PFD, as introduced in [FA]. In our notation, this logic is enriched with operators P> r(r € [0,1]) where the intended meaning of P> r φ is “the probability of φ (at a given world) is strictly greater than r”. We also adopt the semantics of [FA]: a class of “F-restricted probabilistic kripkean models”. We give a completeness proof that essentially differs from that in [FA]: our “peremptory lemma” (a lemma in PFD rather than about (...) it) facilitates the construction of a canonical model for PFD considerably. We show that this construction can be carried out using only finitary means, and also give a filtration-technique for the intended models. We then define an alternative (in some sense more natural) semantics for the logic, and show some of its properties. Finally, we prove decidability of the logic. (shrink)

Despite societal concerns about the welfare of commercial laying hens, little attention has been paid to the welfare implications of the choices made by the genetics companies involved with their breeding. These choices regarding trait selection and other aspects of breeding significantly affect living conditions for the more than 7 billion laying hens in the world. However, these companies must consider a number of different commercial and societal interests, beyond animal welfare concerns. In this article we map some of the (...) relevant dilemmas faced by genetics companies in order to outline the scope of opportunities to improve welfare under current market conditions. This includes identifying cases where different animal welfare concerns conflict. We discuss the moral responsibility of laying hen genetics companies and the welfare implications that derive from the choices they make and the policies they follow. In addition to evaluating a selection of predominant current practices and breeding goals, we outline different angles from where to assess the moral legitimacy of various industry practices and policies. We discuss specific issues such as injurious pecking, bone health, induced moulting, chick culling and the circumstances of breeding stock. (shrink)

This book'¬"s chapters deal with a range of theoretical problems discussed in classic compatibilist literature '¬ ; e.g. the relationship between ...

Approximately one in three adults has reported being abused or neglected by a caregiver during their childhood (i.e., they have experienced child maltreatment), though the exact prevalence differs...

Harrowing stories reported in the media describe Covid‐19 ravaging through families. This essay reports professional experiences of this phenomenon, family clustering, as encountered during the pandemic's spread across Southern California. We identify three ethical challenges following from it: Family clustering impedes shared decision‐making by reducing available surrogate decision‐makers for incapacitated patients, increases the emotional burdens of surrogate decision‐makers, and exacerbates health disparities for and the suffering of people of color at increased likelihood of experiencing family clustering. We propose that, in (...) response to these challenges, efforts in advance care planning be expanded, emotional support offered to surrogates and family members be increased, more robust state guidance be issued on ethical decision‐making for unrepresented patients, ethics consultation be increased in the setting of conflict following from family clustering dynamics, and health care professionals pay more attention to systemic and personal racial biases and inequities that affect patient care and the surrogate experience. (shrink)

Universities and other research institutions are increasingly providing additional training in research integrity to improve the quality and reliability of research. Various training courses have been developed, with diverse learning goals and content. Despite the importance of training that focuses on moral character and professional virtues, there remains a lack of training that adopts a virtue ethics approach. To address this, we, a European Commission-funded consortium, have designed a train-the-trainer programme for research integrity. The programme is based on (1) virtue (...) ethics, (2) the ethos of science, (3) learning by doing and (4) learner-centred teaching. The blended learning programme combines e-learning modules with participatory group sessions. Trainers are taught how to guide researchers through a series of structured exercises for fostering reflection on scientific virtues, and how to promote understanding and application of the European Code of Conduct for Research Integrity. Trainers are provided with adaptable tools and resources that can be used and combined in different ways. The programme implementation began in Spring 2020 and 470 trainers have participated to date. When trainers were asked to grade – between 0 (very bad) and 10 (excellent) – the e-learning modules and the participatory exercises, 60% scored a grade 8 or higher (median = 8, IQR = 2) for the e-learning modules, whereas 80% scored a grade 8 or higher (median = 9, IQR = 1) for the participatory exercises. A majority felt that the training helped them as a trainer to learn about ways to organise and teach a research integrity course (82%) and would recommend the interactive exercises to others (92%). Trainers have educated over 3300 researchers in Europe using our virtue-based approach. The VIRT2UE train-the-trainer programme fosters research integrity by providing trainers with exercises and tools which enable them to stimulate the development of good researchers across Europe. (shrink)

Can sentence comprehension impairments in aphasia be explained by difficulties arising from dependency completion processes in parsing? Two distinct models of dependency completion difficulty are investigated, the Lewis and Vasishth (2005) activation-based model and the direct-access model (DA; McElree, 2000). These models' predictive performance is compared using data from individuals with aphasia (IWAs) and control participants. The data are from a self-paced listening task involving subject and object relative clauses. The relative predictive performance of the models is evaluated using k-fold (...) cross-validation. For both IWAs and controls, the activation-based model furnishes a somewhat better quantitative fit to the data than the DA. Model comparisons using Bayes factors show that, assuming an activation-based model, intermittent deficiencies may be the best explanation for the cause of impairments in IWAs, although slowed syntax and lexical delayed access may also play a role. This is the first computational evaluation of different models of dependency completion using data from impaired and unimpaired individuals. This evaluation develops a systematic approach that can be used to quantitatively compare the predictions of competing models of language processing. (shrink)

Weiss, Propen, and Reid gather a diverse group of scholars to analyze the growing obsolescence of the human-object dichotomy in today's world. In doing so, Design, Mediation, and the Posthuman brings together diverse disciplines to foster a dialog on significant technological issues pertinent to philosophy, rhetoric, aesthetics, and science.

Other formats of this book available via https://openeducationalberta.ca/educationaltechnologyethics/.

Zijn filosofen gek? Zo ja, waarom? En ligt dat dan aan de filosoof, aan de filosofie of aan de diagnostiek? Dat zijn de vragen die in 'Diagnose van de moderne filosoof' centraal staan. Nicole des Bouvrie neemt aan de hand van het diagnostische handboek van psychiaters en psychologen (de DSM-V) de situatie van de hedendaagse denker onder de loep. Autisme, psychoses, anorexia en andere aandoeningen passeren de revue, om aan de hand van een grondige anamnese van hedendaagse denkbeelden uit (...) de westerse filosofie een diagnose te stellen. ''Des Bouvrie laat als geen ander zien hoe filosofie en waanzin zich in elkaar kunnen verstrikken, maar ook hoe ze bij elkaar een zone van vrijheid vinden.'' Filosoof Wouter Kusters, winnaar Socratesbeker 2015. (shrink)

This paper presents data on the representation of women at 98 philosophy departments in the United States, which were ranked by the Philosophical Gourmet Report (PGR) in 2015 as well as all of those schools on which data from 2004 exist. The paper makes four points in providing an overview of the state of the field. First, all programs reveal a statistically significant increase in the percentage of women tenured/tenure-track faculty, since 2004. Second, out of the 98 US philosophy departments (...) selected for evaluation by Julie Van Camp in 2004, none in 2015 has 50% women philosophy faculty overall, while one has 50% women who are tenured/tenure track. Third, as of 2015, there is a clear pyramidal shape to the discipline: Women are better represented as Assistant than Associate and as Associate than Full professors. Fourth, women philosophy faculty, especially those who are tenured/tenure track, are better represented at Non-PGR ranked programs than at PGR ranked and PGR Top-20 programs in 2015. (shrink)

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

The sense of agency is a central aspect of human self-consciousness and refers to the experience of oneself as the agent of one’s own actions. Several different cognitive theories on the sense of agency have been proposed implying divergent empirical approaches and results, especially with respect to neural correlates. A multifactorial and multilevel model of the sense of agency may provide the most constructive framework for integrating divergent theories and findings, meeting the complex nature of this intriguing phenomenon.

Evidence does not support the claim that observers universally recognize basic emotions from signals on the face. The percentage of observers who matched the face with the predicted emotion (matching score) is not universal, but varies with culture and language. Matching scores are also inflated by the commonly used methods: within-subject design; posed, exaggerated facial expressions (devoid of context); multiple examples of each type of expression; and a response format that funnels a variety of interpretations into one word specified by (...) the experimenter. Without these methodological aids, matching scores are modest and subject to various explanations. (shrink)

First, we explain the conception of trustworthiness that we employ. We model trustworthiness as a relation among a trustor, a trustee, and a field of trust defined and delimited by its scope. In addition, both potential trustors and potential trustees are modeled as being more or less reliable in signaling either their willingness to trust or their willingness to prove trustworthy in various fields in relation to various other agents. Second, following Alfano (forthcoming) we argue that the social scale of (...) a potential trust relationship partly determines both explanatory and normative aspects of the relation. Most of the philosophical literature focuses on dyadic trust between a pair of agents (Baier 1986, Jones 1996, Jones 2012, McGeer 2008, Pettit 1995), but there are also small communities of trust (Alfano forthcoming) and trust in large institutions (Potter 2002, Govier 1997, Townley & Garfield 2013, Hardin 2002). The mechanisms that induce people to extend their trust vary depending on the size of the community in question, and the ways in which trustworthiness can be established and trusting warranted vary with these mechanisms. Mechanisms that work in dyads and small communities are often unavailable in the context of trusting an institution or branch of government. Establishing trust on this larger social scale therefore requires new or modified mechanisms. In the third section of the paper, we recommend three policies that – we argue – tend to make institutions more trustworthy and to reliably signal that trustworthiness to the public. First, they should ensure that their decision-making processes are as open and transparent as possible. Second, they should make efforts to engage stakeholders in dialogue with decision-makers such as managers, members of the C-Suite, and highly-placed policy-makers. Third, they should foster diversity – gender, ethnicity, age, socioeconomic background, disability, etc. – in their workforce at all levels, but especially in management and positions of power. We conclude by discussing the warrant for distrust in institutions that do not adopt these policies, which we contend is especially pertinent for people who belong to groups that have historically faced (and in many cases still do face) oppression. (shrink)

Our natural environment is in a lamentable state, notwithstanding today’s increasing ecological awareness. One cause frequently cited is our diminished perception of and relation to nature on ontological grounds. None of the alternative visions offered to date has been considered to really challenge the prevailing detached utilitarian and empirical framework. However, continued attempts on various levels are needed to rearticulate and reinvigorate the currently dormant and neglected plurality of approaches to nature. Although neither Heidegger nor Levinas was primarily concerned with (...) the relation of humans to nature, their works do seem to offer a voice to express our genuine way of being as a “Dasein in the world,” and the depth of its implications, as well as to reveal the “exteriority of nature.” A close examination of their views can show how they may contribute to a broadening of our perception, so that nature may appear to us not primarily as a commodity but foremost as an inspiring source of meaningfulness that at the same time appeals to our ethical ability. (shrink)

Several psychosocial models have been proposed to explain the etiology of eating disorders and obesity separately despite research suggesting they should be conceptualized within a shared theoretical framework. The objective of the current study was to test an integrated comprehensive model consisting of a host of common risk and protective factors expected to explain both eating and weight disorders simultaneously in a large school-based sample of adolescents. Data were collected from 3,043 youth from 41 schools in the Ottawa region, Canada. (...) Working with interested school staff, validated self-report scales in the form of a questionnaire booklet were administered to participating students to assess several understood risk and protective factors common to both eating disorders and obesity. Anthropometric measurements of weight and height were taken at the end of the questionnaire administration period by trained research staff. Structural equation modeling with cross-validation was used to test the hypothesized model. Findings demonstrated that dysregulated eating was associated with both eating disorder and weight status with diet culture and emotion dysregulation directly associated with some of these disordered eating patterns. It equally pointed to how lifestyle made up of high sedentary behaviors, low vigorous exercise and varied eating patterns contributed to both emotion dysregulation and poor body image which subsequently affected eating issues and weight status simultaneously, signaling the complex interplay of psychosocial factors that underlie these concerns. This study provides evidence for an integrated psychosocial model consisting of socio-environmental, psychological, and behavioral factors may best explain the complex interplay of risk and protective factors influencing eating disorders and obesity. It equally highlights understanding the direct and indirect effects of some of the most salient risk factors involved in eating and weight-related concerns, including the strong effects of diet culture and stressors such as weight-based teasing, providing interventionalists evidence of important risk factors to consider targeting in eating disorder and weight-based prevention efforts. (shrink)

First, to what level of quality can medical ethics a spire, if it ignores callous discrimination in medrcal practice against large populations of the innocent poor? Second, how effective can such theories be in addressing the critical issues of medical and clinical ethics if they are unable to contribute to the closing of the gap of sociomedical disparity?Marcio Fabri dos Anjos, Medical Ethics in the Developing World: A Liberation Theology Perspective.