Normative economics and a hermeneutic approach to interpretation of legal norms are only compatible if - and this is the exception - such legal norms have the goal of accomplishing economic efficiency. But economic analysis of law as a positive approach may be used in the legal interpretation process in order to evaluate different options of norm interpretations. In fields of law where economic issues are at stake such a methodological evaluation of interpretative variants are superior to common sense analysis (...) and should be applied. But even in fields where non-economic issues play a major role an economic analysis is a helpful tool in order to get aware of the opportunity costs of economically sub-optimal solutions. Economic analysis of law thus becomes an integral part of the norm interpretation process without colliding with the autonomy of the legal decision enhancing the rationality of the endeavour. (shrink)

In this paper, I enquire whether there are Kuhnian paradigms in medicine, by way of analysing a case study from the history of medicine—the discovery of the germ theory of disease in the nineteenth century. I investigate the Kuhnian aspects of this event by comparing the work of the famous school of microbiology founded by Robert Koch with a rival school, powerful in the nineteenth century, but now almost forgotten, founded by Carl Nageli. Through my case study, I show (...) that medical science possesses some Kuhnian features. Within each school, scientists used similar exemplars and shared the same assumptions. Moreover, their research was resistant to novelty, and the results of one party were disregarded by the other. In other words, in a moderate sense, the Koch and Nageli groups worked within distinct paradigms. However, I reject the stronger Kuhnian claim that the terms used within the two paradigms were mutually unintelligible. Focusing on the semantic aspects, I argue that no account of incommensurability of reference can be given in this case, although, for sociological reasons, the two parties talked past each other. I suggest in addition that the rival scientists could have understood each other more easily if their theoretical commitments had not been so deeply ingrained, and I use the example of Pasteur to indicate that the causal account of meaning might have avoided the communication breakdown. (shrink)

Body feedback is the proprioceptive feedback that denominates the afferent information from position and movement of the body to the central nervous system. It is crucial in experiencing emotions, in forming attitudes and in regulating emotions and behavior. This paper investigates effects of dynamic body feedback on affect and attitudes, focusing on the impact of movement rhythms with smooth vs. sharp reversals as one basic category of movement qualities. It relates those qualities to already explored effects of approach vs. avoidance (...) motor behavior as one basic category of movement shape. Studies 1 and 2 tested the effects of one of two basic movement qualities (smooth vs. sharp rhythms) on affect and cognition. The third study tested those movement qualities in combination with movement shape (approach vs. avoidance motor behavior) and the effects of those combinations on affect and attitudes toward initially valence-free stimuli. Results suggest that movement rhythms influence affect (studies 1 and 2), and attitudes (study 3), and moderate the impact of approach and avoidance motor behavior on attitudes (study 3). Extending static body feedback research with a dynamic account, findings indicate that movement qualities – next to movement shape – play an important role, when movement of the lived body is an independent variable. (shrink)

Die Frage nach der Technik ist eine Art der Heideggerschen Frage nach dem Sein, die die Fragen nach dem Menschen in der Moderne und nach der Zivilisation überhaupt impliziert. Im Rahmen der sogenannten "Seinsgeschichte" bildet sie eine Kreuzungsstelle, die von verschiedenen Linien gebildet wird, welche wiederum in ihrer Verschiedenheit zu berücksichtigen sind und nicht einfach textuell hermetisiert werden dürfen. Heidegger besorgt nicht zuletzt mit Hilfe der seinsgeschichtlichen Konstellation des Gestells seine Selbstinterpretation hinsichtlich der Haltung zum Nationalsozialismus. Verweigert wird die falsche (...) Alternative eines platt-realistischen oder biographischen Reduktionismus zum einen und des Jüngerschar-Minimalismus oder kalauernden dekonstruktivistischen Textdesigns zum andern. Genauso einseitig wie der absicherungsstrategische Jargon der Orthodoxie ist die positivistische Abschiebung Heideggers in die Ecke der "Begriffsdichtung". Tatsächlich besteht ein arbeitsteiliger Konsens zwischen beiden Seiten. Gegen diesen Konsens im Dissens opponiert vorliegender Text. (shrink)

Stefan Collini challenges the common claim that universities need to show that they help to make money in order to justify getting more money.

Artificial Intelligence (AI) is increasingly adopted in society, creating numerous opportunities but at the same time posing ethical challenges. Many of these are familiar, such as issues of fairness, responsibility and privacy, but are presented in a new and challenging guise due to our limited ability to steer and predict the outputs of AI systems. This chapter first introduces these ethical challenges, stressing that overviews of values are a good starting point but frequently fail to suffice due to the context (...) sensitivity of ethical challenges. Frequently, additional (ethical) values emerge for specific applications, as e.g. challenges with fraud detection are very different from those around language technologies. Second, methods to tackle these challenges are discussed. Main ethical theories (virtue ethics, consequentialism, and deontology) are shown to provide a starting point, but often lack the details needed for actionable AI Ethics. Instead, mid-level philosophical theories coupled to design-approaches such as Design for Values, together with interdisciplinary working methods, offer the best way forwards. The chapter aims to show how these approaches can lead to an ethics of AI that is actionable and that can be proactively integrated in the design of AI systems. (shrink)

An intro. to Didaktic (the heart of thinking about teaching/teacher educ in Germany) for English-speaking readers, drawing on a range of writings assoc. w/ this tradition. Throws light on assumptions, characteristics, & weaknesses of curriculum thought.

This imaginative and unusual book explores the moral sensibilities and cultural assumptions that were at the heart of political debate in Victorian and early twentieth-century Britain. It focuses on the role of intellectuals as public moralists and suggests ways in which their more formal political theory rested upon habits of response and evaluation that were deeply embedded in wider social attitudes and aesthetic judgments. Collini examines the characteristic idioms and strategies of argument employed in periodical and polemical writing, and reconstructs (...) the sense of identity and of relation to an audience exhibited by social critics from John Stuart Mill and Matthew Arnold to J.M. Keynes and F.R. Leavis. (shrink)

There has been no informed or honest debate in North America over the issue of liberalized euthanasia. Despite thousands of newspaper stories, scores of learned academic articles, a handful of closely analyzed legal decisions, and hours of broadcast news and talk show imagery, a full discussion is yet to begin.

The world of disability theory is currently divided between those who insist it reflects a physical fact affecting life quality and those who believe disability is defined by social prejudice. Despite a dialogue spanning bioethical, medical and social scientific literatures the differences between opposing views remains persistent. The result is similar to a figure-ground paradox in which one can see only part of a picture at any moment. This paper attempts to find areas of commonality between the opposing camps, and (...) thus to rearrange the figures of the paradox at a fundamental level. The purpose is first to identify areas in which common ground can be achieved, and secondarily, to clarify the areas in which disagreement continues. While a general and unified theory of physical difference/disability is beyond the scope of this paper the result may advance that general goal. (shrink)

Explainable artificial intelligence (XAI) aims to help people understand black box algorithms, particularly of their outputs. But what are these explanations and when is one explanation better than another? The manipulationist definition of explanation from the philosophy of science offers good answers to these questions, holding that an explanation consists of a generalization that shows what happens in counterfactual cases. Furthermore, when it comes to explanatory depth this account holds that a generalization that has more abstract variables, is broader in (...) scope and/or more accurate is better. By applying these definitions and contrasting them with alternative definitions in the XAI literature I hope to help clarify what a good explanation is for AI. (shrink)

One of the important discussions in the philosophy of mathematics, is that centered on Benacerraf’s Dilemma. Benacerraf’s dilemma challenges theorists to provide an epistemology and semantics for mathematics, based on their favourite ontology. This challenge is the point on which all philosophies of mathematics are judged, and clarifying how we might acquire mathematical knowledge is one of the main occupations of philosophers of mathematics. In this thesis I argue that this discussion has overlooked an important part of mathematics, namely mathematics (...) as it is exercised by ordinary people. I do so by looking at the different theories that have been put forward in the recent debate, and showing for each of these that they are unable to account for the mathematical practices of ordinary people. In order to show that these practices do need to be accounted for, I also argue that ordinary people are doing mathematics, i.e. that they engage in properly mathematical practices. Because these practices are properly mathematical, they should be accounted for by any philosophy of mathematics. The conclusion of my thesis, then, is that current theories fail to do something that they should do, while remaining neutral on how well they perform when it comes to accounting for the practices of professional mathematicians. (shrink)

Résumé Les affinités paradoxales que la recherche a pu pointer entre la « secte » philosophique épicurienne et la secte chrétienne dans les premiers siècles de notre ère sont rappelées puis examinées dans le détail du premier document attestant une rencontre précise entre les deux sectes, le récit des Actes des Apôtres qui montre Paul discutant avec les Épicuriens et les Stoïciens d’Athènes, puis nous restitue le discours de Paul devant l’Aréopage d’Athènes. Il apparaît que Paul se pose en philosophe (...) pour exposer sa doctrine en des termes jusqu’à un certain point compatibles avec une doctrine matérialiste voire polythéiste. (shrink)

How do we get out knowledge of the natural numbers? Various philosophical accounts exist, but there has been comparatively little attention to psychological data on how the learning process actually takes place. I work through the psychological literature on number acquisition with the aim of characterising the acquisition stages in formal terms. In doing so, I argue that we need a combination of current neologicist accounts and accounts such as that of Parsons. In particular, I argue that we learn the (...) initial segment of the natural numbers on the basis of the Fregean definitions, but do not learn the natural number structure as a whole on the basis of Hume's principle. Therefore, we need to account for some of the consistency of our number concepts with the Dedekind-Peano axioms in other terms. (shrink)

In the past few decades, a growth in ethical consumerism has led brands to increasingly develop conscientiousness and depict ethical image at a corporate level. However, most of the research studying business ethics in the field of corporate brand management is either conceptual or has been empirically conducted in relation to goods/products contexts. This is surprising because corporate brands are more relevant in services contexts, because of the distinct nature of services and the key role that employees have in the (...) services sector. Accordingly, this article aims at empirically examining the effects of customer perceived ethicality in the context of corporate services brands. Based on data collected for eight service categories using a panel of 2179 customers, the hypothesized structural model is tested using path analysis. The results show that, in addition to a direct effect, customer perceived ethicality has a positive and indirect effect on customer loyalty, through the mediators of customer affective commitment and customer perceived quality. Further, employee empathy positively influences the impact of customer perceived ethicality on customer affective commitment, and customer loyalty positively impacts customer positive word-of-mouth. The first implication of these results is that corporate brand strategy needs to be aligned with human resources policies and practices if brands want to turn ethical strategies into employee behavior. Second, corporate brands should build more authentic communications grounded in their ethical beliefs and supported by evidence from actual employees. (shrink)

It seems natural to think that Carnapian explication and experimental philosophy can go hand in hand. But what exactly explicators can gain from the data provided by experimental philosophers remains controversial. According to an influential proposal by Shepherd and Justus, explicators should use experimental data in the process of ‘explication preparation’. Against this proposal, Mark Pinder has recently suggested that experimental data can directly assist an explicator’s search for fruitful replacements of the explicandum. In developing his argument, he also proposes (...) a novel aspect of what makes a concept fruitful, namely, that it is taken up by the relevant community. In this paper, I defend explication preparation against Pinder’s objections and argue that his uptake proposal conflates theoretical and practical success conditions of explications. Furthermore, I argue that Pinder’s suggested experimental procedure needs substantial revision. I end by distinguishing two kinds of explication projects, and showing how experimental philosophy can contribute to each of them. (shrink)

In this paper, we first briefly survey the main responses to the challenge that experimental philosophy poses to the method of cases, given the common assumption that the latter is crucially based on intuitive judgments about cases. Second, we discuss two of the most popular responses in more detail: the expertise defense and the mischaracterization objection. Our take on the expertise defense is that the available empirical data do not support the claim that professional philosophers enjoy relevant expertise in their (...) intuitive judgments about cases. In contrast, the mischaracterization objection seems considerably more promising than its largely negative reception has suggested. We argue that the burden of proof is thus on philosophers who still hold that the method of cases crucially relies on intuitive judgments about cases. Finally, we discuss whether conceptual engineering provides an alternative to the method of cases in light of the challenge from experimental philosophy. We argue that this is not clearly the case, because conceptual engineering also requires descriptive information about the concepts it aims to improve. However, its primarily normative perspective on our concepts makes it largely orthogonal to the challenge from experimental philosophy, and it can also benefit from the empirical methods of the latter. (shrink)

This article develops an objection to Kant’s proof of freedom from the Critique of Practical Reason. In his proof — the fact of reason argument — Kant deduces the reality of freedom, understood as the ability to act independently of all inclinations, from our consciousness of the unconditional validity of morality. He calls this consciousness the "fact of reason". After a systematic reconstruction of the argument, I develop an objection that relies on three points: (i) the cultural embeddedness of human (...) beings ("fact of culture"), (ii) an "external" perspective on human deliberative processes, and (iii) an alternative interpretation of the unconditional validity of morality that appears in practical deliberation. Contrary to Kant’s claims, I argue that the reality of freedom cannot be deductively derived from the fact of reason. I then discuss two objections to my argument. The first objection claims that my considerations regarding the "external" perspective misunderstand Kant's methodology. The second objection states that, based on my considerations, the fact of reason ultimately turns out to be an illusion. I discuss both objections and refute them. My ultimate conclusion is that Kant's fact of reason argument is not convincing. (shrink)

To those defining euthanasia as a battle for the principle of self-determination, persons seeking physician assisted death (PAD) are soldiers in the fight for patient autonomy. The reasons they seek it, or the potential of other, non-life-threatening interventions is less important than this principle: individuals have the right not only to choose death (suicide), but to be assisted in dying. They should not be second guessed or denied on the basis of another's distaste for that decision. This paper offers a (...) general review of deaths attributed to Dr. Jack Kevorkian's PAD practice in an attempt to answer two questions: Why do persons seek physician assisted death, and, to what extent does induced death seem, in retrospect, a reasonable and perhaps necessary medical response to specific patient complaints? (shrink)

The Approximate Number System (ANS) is a system that allows us to distinguish between collections based on the number of items, though only if the ratio between numbers is high enough. One of the questions that has been raised is what the representations involved in this system represent. I point to two important constraints for any account: (a) it doesn’t involve numbers, and (b) it can account for the approximate nature of the ANS. Furthermore, I argue that representations of pure (...) magnitude with vehicles that have an imprecision in the value of the unit of measurement (further clarified through a formal model from measurement theory) fit both these requirements. (shrink)

The acceptance of military directives violating medical ethics and international covenants encouraged by the demonisation of the enemy by the US president in 2002 has effectively removed the right of medical personnel to refuse participation in internationally proscribed actionsMedicine and its traditional ethic of care is today a victim of the current conflict in Iraq and Afghanistan, its uniquely humanising mission rejected by US President George W Bush and his advisors. In denying the applicability of international agreements guaranteeing medicine’s ecumenical (...) role in this conflict they have transformed medicine into just another weapon of tactical significance. The result, predictable in retrospect, has been to make military physicians and nurses complicit—actively or passively—in what Litton calls an “atrocity-producing situation”, resulting in detainee or prisoner abuse.1From the first revelations of detainee torture in US detention camps to recent allegations of continued abuse , the focus of international attention has shifted from the US prosecution of low ranking, non-commissioned military personnel to the context in which the atrocities they committed occurred. “No one up the chain of command has ever been held accountable for what is in these horrifying images,” Center for Constitutional Rights Director Bill Goodman said of recently published photographs of 2004 prisoner torture and abuse.2 “The situation in several areas violates international law and conventions on human rights and torture,” said the UN Special Rapporteur on Torture following a 2006 investigation.3The denial of international law and convention involved the overt disavowal of covenants and conventions that for almost 150 years required medical personnel in the US military to act within the guidelines of a Hippocratic vision of medicine. To understand how fundamental this change has been requires a brief review of the history of medicine’s previously protected status and then a description of …. (shrink)

According to Hempel’s influential theory of explanation, explaining why some a is G consists in showing that the truth that a is G follows from a law-like generalization to the effect that all Fs are G together with the initial condition that a is F. While Hempel’s overall account is now widely considered to be deeply flawed, the idea that some generalizations play the explanatory role that the account predicts is still often endorsed by contemporary philosophers of science. This idea, (...) however, conflicts with widely shared views in metaphysics according to which the generalization that all Fs are G is partially explained by the fact that a is G. I discuss two solutions to this conflict that have been proposed recently, argue that they are unsatisfactory, and offer an alternative. (shrink)

The critical role of surrogates—commonly if erroneously called “Informal caregivers”—has been generally ignored by clinical and bioethical literatures. While assumed to provide no more than ancillary support, these patient representatives directly or indirectly affect patient care to the extent they inhibit or facilitate both home-based care and patient decisions regarding treatment alternatives. Members of this group include relatives and neighbors who may or may not act in consort as advisors, assistants, care providers, and surrogate decisionmakers acting on the patient's behalf (...) with members of the medical community. Not only do they often possess a critical voice strongly influencing both patient care decisions and, after discharge, home care and rehabilitation, this paper argues they do so from a perspective that is often radically different from one endorsed by medical professionals. (shrink)

Although space limitations do not permit including all the responses received after the passing of David Thomasma, some representative expressions are included below. As these remembrances attest, Edmund Pellegrino spoke for all of us when he said at David's memorial service, “It has been said that we die only when forgotten; if so, David will live a long time. He remains a presence for his family, friends, collaborators, and all who met him.”.

In a special issue of this journal, a range of authors addressed the critical problem of difference in bioethics. To what extent do class, culture, ethnicity, and race affect the ethical decisions that patients and professionals must make in a medical context? Those arguing for an understanding of cultural influences in bioethical decisionmakingtypically argue from the perspective of individual case studies to demonstrate the importance of these social constructs. Others, like Erika Blacksher, however, worry that this approach will obscure the (...) uniqueness of individual decisionmakng patterns, allowing all persons of a single group to be aggregated as if their class, cultural construct, or religious affiliation were the single motive element in their medicolegal decisionmaking. There is, she cautions, a risk of misuse if a professional care provider reflexively assumes individual patient or surrogate reactions on the basis of ethnicity or culture. (shrink)

A recent issue of CambridgeQuarterlyofHealthcareEthics provides a fascinating look into the uncertainties surrounding the subject of human cloning. As Nelkin and Lindee point out, for example, the popular assumption is that this technology will lead to individual immortality. life everlasting for the deserving.considers the use of cloning for the replication of human individuals to be ethically unacceptable.”.

We consider the historic Harress-Sagnac experiment in the light of our absolute space-time theory, proposing two modifications, and we give an account of its recent practical performance. We show that the effect of the rotating disk experiment is a direct result of the light velocity's direction dependence and we point out that our recently performed coupled-mirrors experiment, with whose help for the first time we have measured the Earth's absolute velocity, can be considered as a logical result of the rotating (...) disk experiment. (shrink)

A question between John Harris and I is the degree to which lessons may be learned, and insights gained, from a life distinguished by physical differences. He argues it as the “aborting Beethoven fallacy”, I insist on the evidence that what we learn from physical differences may be critical and life enhancing.

Zusammenfassung Die Einführung von Impfprogrammen bei einer immun-naiven Bevölkerung in Europa spielte eine wesentliche Rolle für den Verlauf der COVID-19 Pandemie. Vor allem zu Beginn waren Impfprogramme jedoch durch einen Mangel an Impfdosen gekennzeichnet. Bei einer Zuteilung geringer Dosen an Krankenhäuser in der Initialphase, waren Krankenhausleitungen durch eine möglichst faire Verteilung dieser Impfdosen unter dem Krankenhauspersonal gefordert. Der Beitrag dokumentiert das Vorgehen im ersten Quartal 2021 an fünf deutschen Krankenhäusern in einem Klinikverbund. Wir berichten über einen regel-konsequentialistischen Ansatz auf der (...) strategischen Ebene, der durch einen egalitären Ansatz auf der taktischen Ebene ergänzt wurde. Es erfolgte die ethisch begleitete Entwicklung eines hybriden Schemas unter Verzicht auf klassische Verteilungsmuster, wie dem First-Come-First-Served Schema. Die Kombination des strategischen regel-konsequentialistischen Schemas mit egalitärer Verteilung auf der taktischen Ebene war vollständig funktional und unter den Mitarbeitenden des Klinikverbundes gut akzeptiert. In Zeiten von Pandemien und knappen Ressourcen spielt die Verteilung von medizinischen Gütern für die Funktionalität medizinischer Einrichtungen eine wichtige Rolle. Die Verteilung von Gütern, die durch den Staat bereitgestellt werden, bedarf jedoch einer Anpassung an die jeweiligen Gegebenheiten der Institutionen. Dieser Bericht zeigt eine mögliche Option für die Verteilung knapper Impfdosen auf, die nicht nur unter Personen der Zielgruppe verteilt wurden, sondern die auch die Funktionalität der medizinischen Versorgung in einer Region sicherte. (shrink)

Many contemporary students feel as though they are always waiting for the future—for their next test, their next grade, and their next class. Many contemporary teachers feel as though they are always preparing students for the future—for their next stage of schooling, their careers, and the rest of their lives. With all their anxiety about what lies ahead, both students and teachers might be perplexed by the suggestion that the best preparation for the future is living in the fullness of (...) the present.JeffFrank reminds readers that this idea permeates Dewey's educational thought. In particular, he argues that the significance of the present is a key theme in two of Dewey's most important works on education, Democracy... (shrink)