Auf welchen normativen Grundlagen beruhte das NS-System? Mit welcher Rechtfertigung konnte der Führerwille dort zu einer Quelle des Rechts werden? Wie war es gemäß der NS-Strafgesetzgebung möglich, Handlungen zu bestrafen, die gegen kein geschriebenes Gesetz verstießen? Die in diesem Band versammelten und kommentierten Originaltexte geben Einblick in das Denken von Rechtstheoretikern, die mit dem Nationalsozialismus sympathisierten, und belegen deren Versuch, autoritäre und dem Rechtsstaat widersprechende Rechtsprinzipien zu legitimieren. Dabei zeigt sich ein überraschender und bis jetzt von der rechts- und moralphilosophischen (...) Forschung weitgehend unbeachteter Aspekt des NS-Unrechtssystems: der Versuch einer »Ethisierung« des Rechts und die damit verbundene Totalisierung des machtstaatlichen Einflusses. (shrink)

This critical note concerns John Broome's bookRationality through Reasoning(2013). Broome claims that rationality amounts to satisfying rational requirements as opposed to responding correctly to reasons. My critique focuses on two issues. First, I try to show that Broome's account of rational requirements, in particular his answer to the so-called ‘symmetry-problem’, presupposes that responding correctly to reasons is part of rationality. Secondly, in discussing Broome's account of reasoning I criticize his claim that first-order reasoning involves no appeal to reasons and, hence, (...) no normative thoughts on behalf of the reasoner. (shrink)

We discuss various implications of some radical anti-representationalist views of cognition and what they have to offer with regard to the naturalization of intentionality and the explanation of cognitive phenomena. Our focus is on recent arguments from proponents of enactive views of cognition to the effect that basic cognition is intentional but not representational and that cognition is co-extensive with life. We focus on lower rather than higher forms of cognition, namely the question regarding the intentional and representational nature of (...) cognition found in organisms simpler than human beings, because enactivists do not deny that more sophisticated cognitive phenomena are representational and involve content. After introducing the debate on the naturalization of intentionality, we briefly review different varieties of enactivism and introduce their central claims. In Sect. 4 we turn to radical enactivism in order to focus on the arguments for a thoroughly non-representational, enactive account of perception and basic cognition. In particular, we discuss three major issues: First, what is supposed to replace the representational analysis of perception in a radical-enactive explanation of perception? How does the enactive explanation of perception compare to the best scientific work on the neuroscience of perception? Second, what is—on an enactive account—the function of neural processing in the brain for the generation of perception if not to produce representations? This question is especially pressing since one implication of autopoietic enactivism is that even the simplest organisms, i.e. single-celled organisms, have cognitive capacities. Since they lack brains and nervous systems, enactivists must specify the unique contribution of the brain and nervous system in those animals who have them. In Sect. 5, we evaluate the advantages of an autopoietic–enactive approach to the naturalization of intentionality and end with a suggestion how cognition may relate to intentionality and representation. (shrink)

The article introduces and defends the Nomological Account of ground, a reductive account of the notion of metaphysical explanation in terms of the laws of metaphysics. The paper presents three desiderata that a theory of ground should meet: it should explain the modal force of ground, the generality of ground, and the interplay between ground and certain mereological notions. The bulk of the paper develops the Nomological Account and argues that it meets the three desiderata. The Nomological Account relies on (...) two central notions: the notion of a ‘law of metaphysics’ and the notion of ‘determination via the laws’. The paper offers the constructional conception of the laws of metaphysics, on which the metaphysical laws are general principles that characterize construction–operations such as composition, constitution, or set-formation. The role of determination in the account is explained and some reductive approaches to the notion are sketched. The case for the Nomological Account presented in this article is also a case for the laws of metaphysics. Since the Nomological Account offers a promising approach to metaphysical explanation we should take the laws of metaphysics seriously. (shrink)

The paper explores a deductive-nomological account of metaphysical explanation: some truths metaphysically explain, or ground, another truth just in case the laws of metaphysics determine the latter truth on the basis of the former. I develop and motivate a specific conception of metaphysical laws, on which they are general rules that regulate the existence and features of derivative entities. I propose an analysis of the notion of ‘determination via the laws’, based on a restricted form of logical entailment. I argue (...) that the DN-account of ground can be defended against the well-known objections to the DN-approach to scientific explanation. The goal of the paper is to show that the DN-account of metaphysical explanation is a well-motivated and defensible theory. (shrink)

A new edition of the classic introduction to mathematics, first published in 1930 and revised in the 1950s, explains the history and tenets of mathematics, ...

Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...) even animal-like robots could condition our treatment of humans: treat these robots well, as we would treat humans, or else risk eroding good moral behavior toward humans. But then, this argument also seems to justify giving rights to robots, even if robots lack intrinsic moral status. In recent years, however, this indirect argument in support of robot rights has drawn a number of objections. In this paper I have three goals. First, I will formulate and explicate the Kant-inspired indirect argument meant to support robot rights, making clearer than before its empirical commitments and philosophical presuppositions. Second, I will defend the argument against a number of objections. The result is the fullest explication and defense to date of this well-known and influential but often criticized argument. Third, however, I myself will raise a new concern about the argument’s use as a justification for robot rights. This concern is answerable to some extent, but it cannot be dismissed fully. It shows that, surprisingly, the argument’s advocates have reason to resist, at least somewhat, producing the sorts of robots that, on their view, ought to receive rights. (shrink)

Obtaining informed consent from patients is a moral and legal duty and, thus, a key legitimation for medical treatment. The pivotal prerequisite for valid informed consent is decision-making capacity of the patient. Related to the question of whether and when consent should be morally and legally valid, there has been a long-lasting philosophical debate about freedom of will and the connection of freedom and responsibility. The scholarly discussion on decision-making capacity and its clinical evaluation does not sufficiently take into account (...) this fundamental debate. It is contended that the notion of free will must be reflected when evaluating decision-making capacity. Namely, it should be included as a part of the appreciation-criterion for decision-making capacity. The argumentation is mainly drawn on the compatibilism of Harry Frankfurt. A solution is proposed which at the same time takes the notion of free will seriously and enriches the traditional understanding of decision-making capacity, strengthening its justificatory force while remaining clinically applicable. (shrink)

It is often claimed that the social sciences cannot be reduced to a lower-level individualistic science. The standard argument for this position is the Fodorian multiple realizability argument. Its defenders endorse token–token identities between “higher-level” social objects and pluralities/sums of “lower-level” individuals, but they maintain that the properties expressed by social science predicates are often multiply realizable, entailing that type–type identities between social and individualistic properties are ruled out. In this paper I argue that the multiple realizability argument for explanatory (...) holism is unsound. The social sciences are indeed irreducible, but the principled reason for this is that the required token–token identifications cannot in general be carried through. In consequence, paradigmatic social science predicates cannot be taken to apply to the objects quantified over in the lower-level sciences. The result is that typical social science predicates cannot even be held to be co-extensive with individualistic predicates, which means type–type identifications are ruled out too. Multiple realizability has nothing to do with this failure of co-extensiveness, because the relevant social science predicates are not multiply realized in the sense intended by the explanatory holists, a sense which presupposes reductive token–token identifications. (shrink)

In the Transcendental Aesthetic of the Critique of Pure Reason, Immanuel Kant famously claims that we have an a priori intuition of space as an ‘infinite given magnitude’. Later on, in the Transcendental Analytic, he seems to add that the intuition of space presupposes a synthetic activity of the transcendental imagination. Several authors have recently pointed out that these two claims taken together give rise to two problems. First, it is unclear how the transcendental imagination of a finite mind could (...) ever result in the intuition of an entity that is infinitely large. Second, Kant claims that our intuition of space has a ‘whole-prior-to-its-parts’ structure, such that its parts are given only as limitations of the whole, while synthesis is compositional and has a ‘parts-prior-to-their-whole’ structure, because it consists in first running through and then taking together the parts of a sensible manifold. I will solve these two problems by showing that Kant thought that synthesis does not always have a compositional structure but that there is also a form of ‘decomposing’ synthesis, which has a whole-prior-to-its-parts structure. Building on similarities between Kant, Edmund Husserl and G. W. F. Hegel, I will argue that infinite space is given to us in intuition by precisely such an activity of decomposition, one that allows us to differentiate between finite spatial objects and the unlimited phenomenal horizon in which they appear. (shrink)

Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’ of laws pushes many towards the realist camp. Despite its significance, however, no satisfactory account of governance has been offered. The goal of this article is to develop such an account. I base my account on two claims. First, we should distinguish two notions of governance, ‘guidance’ and ‘production’, and secondly, explanatory phenomena other than laws are also candidates for (...) governance. My goal is to develop a unified account which captures both guidance and production as well as the governance of phenomena, such as essence and logical consequence. The account of governance I develop belongs to the family of modal accounts, which was popularized by David Armstrong, but it also employs essentialist resources. If successful, this modal-essentialist account not only reveals the costs that proponents of governance incur, but it also puts that important notion on a solid theoretical foundation. (shrink)

Standpoint epistemologies are based on two central theses: the situated knowledge thesis and the thesis of epistemic privilege. The bias paradox suggests that there is a tension between these two notions, in the sense that they are self-contradictory. In this paper, I aim to defend standpoint epistemologies from this challenge. This defense is based on a distinction between subjective and objective justifications. According to the former, a subject S is subjectively justified in believing a proposition P iff S's belief in (...) P coheres with S's pre-existing beliefs. According to the latter, a subject S is objectively justified in believing a proposition P iff S's subjective justification is truth-conducive. I argue that, if the situated knowledge thesis is spelled out in terms of subjective justification, and if the thesis of epistemic privilege is spelled out in terms of objective justification, then there is no contradiction. If this line of thought is correct, then the bias paradox does not show that standpoint epistemologies are self-contradictory. (shrink)

The potential for biases being built into algorithms has been known for some time, yet literature has only recently demonstrated the ways algorithmic profiling can result in social sorting and harm marginalised groups. We contend that with increased algorithmic complexity, biases will become more sophisticated and difficult to identify, control for, or contest. Our argument has four steps: first, we show how harnessing algorithms means that data gathered at a particular place and time relating to specific persons, can be used (...) to build group models applied in different contexts to different persons. Thus, privacy and data protection rights, with their focus on individuals, do not protect from the discriminatory potential of algorithmic profiling. Second, we explore the idea that anti-discrimination regulation may be more promising, but acknowledge limitations. Third, we argue that in order to harness anti-discrimination regulation, it needs to confront emergent forms of discrimination or risk creating new invisibilities, including invisibility from existing safeguards. Finally, we outline suggestions to address emergent forms of discrimination and exclusionary invisibilities via intersectional and post-colonial analysis. (shrink)

Debates in animal cognition are frequently polarized between the romantic view that some species have human-like causal understanding and the killjoy view that human causal reasoning is unique. These apparently endless debates are often characterized by conceptual confusions and accusations of straw-men positions. What is needed is an account of causal understanding that enables researchers to investigate both similarities and differences in cognitive abilities in an incremental evolutionary framework. Here we outline the ways in which a three-dimensional model of causal (...) understanding fulfills these criteria. We describe how this approach clarifies what is at stake, illuminates recent experiments on both physical and social cognition, and plots a path for productive future research that avoids the romantic/killjoy dichotomy. (shrink)

We discuss some implications of the Holocaust for moral philosophy. Our thesis is that morality became distorted in the Third Reich at the level of its social articulation. We explore this thesis in application to several front-line perpetrators who maintained false moral self-conceptions. We conclude that more than a priori moral reasoning is required to correct such distortions.

Appraisal theories have described elaborate mechanisms underlying the elicitation of emotion at the psychological-cognitive level, but typically do not integrate neuroscientific concepts and findings. At the same time, theoretical developments in appraisal theory have been pretty much ignored by researchers studying the neuroscience of emotion. We feel that a stronger integration of these two literatures would be highly profitable for both sides. Here we outline a blueprint of the “appraising brain.” To this end, we review neuroimaging research investigating the processing (...) of major appraisal variables, and sketch a neuro-cognitive process model of appraisal with a special emphasis on the chronometry and the recursive aspect of emotional evaluation. We hope that this contribution will stimulate more hypothesis-driven research on the neuroscience of appraisal. (shrink)

The Snowden revelations and the emergence of ‘Big Data’ have rekindled questions about how security practices are deployed in a digital age and with what political effects. While critical scholars have drawn attention to the social, political and legal challenges to these practices, the debates in computer and information science have received less analytical attention. This paper proposes to take seriously the critical knowledge developed in information and computer science and reinterpret their debates to develop a critical intervention into the (...) public controversies concerning data-driven security and digital surveillance. The paper offers a two-pronged contribution: on the one hand, we challenge the credibility of security professionals’ discourses in light of the knowledge that they supposedly mobilize; on the other, we argue for a series of conceptual moves around data, human–computer relations, and algorithms to address some of the limitations of existing engagements with the Big Data-security assemblage. (shrink)

Summary: The paper provides an argument for modal primitivism, the view that necessity is not defined and is therefore part of the structure of reality. It then raises the explanation-challenge for primitivists: how can modal truths be explained by hyper-intensional truths, if necessity is not defined in terms of hyper-intensional phenomena? To address the challenge, the paper introduces 'sophisticated modal primitivism' which gives a substantive analysis of the notion of a 'source of necessity'. The final part of the paper offers (...) some applications of that novel piece of ideology. (shrink)

Background: Newer “closed-loop” neurostimulation devices in development could, in theory, induce changes to patients’ personalities and self-perceptions. Empirically, however, only limited data of patient and family experiences exist. Responsive neurostimulation (RNS) as a treatment for refractory epilepsy is the first approved and commercially available closed-loop brain stimulation system in clinical practice, presenting an opportunity to observe how conceptual neuroethical concerns manifest in clinical treatment. Methods: We conducted ethnographic research at a single academic medical center with an active RNS treatment program (...) and collected data via direct observation of clinic visits and in-depth interviews with 12 patients and their caregivers. We used deductive and inductive analyses to identify the relationship between these devices and patient changes in personality and self-perception. Results: Participants generally did not attribute changes in patients’ personalities or self-perception to implantation of or stimulation using RNS. They did report that RNS affected patients’ experiences and conceptions of illness. In particular, the capacity to store and display electrophysiological data produced a common frame of reference and a shared vocabulary among patients and clinicians .Discussion: Empirical experiences of a clinical population being treated with closed-loop neuromodulation do not corroborate theoretical concerns about RNS devices described by neuroethicists and technology developers. However, closed-loop devices demonstrated an ability to change illness experiences. Even without altering identify and self-perception, they provided new cultural tools and metaphors for conceiving of epilepsy as an illness and of the process of diagnosis and treatment. These findings call attention to the need to situate neuroethical concerns in the broader contexts of patients’ illness experiences and social circumstances. (shrink)

We introduce several new variants of the dice experiment by Fischbacher and Föllmi-Heusi :525–547, 2013) to investigate measures to reduce lying. Hypotheses on the relative performance of these treatments are derived from a straightforward theoretical model. In line with previous research, we find that groups of two subjects lied at least to the same extent as individuals—even in a novel treatment where we assigned to one subject the role of being the other’s monitor. However, we find that our participants hardly (...) lied if they do not benefit and only others do, even if they were in a reciprocal relationship. Thus, we conclude that collaboration on lying mostly happens for personal gain. To mitigate selfish lying, an honesty oath which aims to increase moral awareness turned out to be effective. (shrink)

Leibniz accepts causal independence, the claim that no created substance can causally interact with any other. And Leibniz needs causal independence to be true, since his well-known pre-established harmony is premised upon it. So, what is Leibniz’s argument for causal independence? Sometimes he claims that causal interaction between substances is superfluous. Sometimes he claims that it would require the transfer of accidents, and that this is impossible. But when Leibniz finds himself under sustained pressure to defend causal independence, those are (...) not the reasons that he marshals in its defense. Instead, deep into his long correspondence with Burchard de Volder, he gives a different sort of argument, one that has gone nearly unnoticed by commentators and has not yet been properly understood. In part, this is because the argument develops slowly over four years of correspondence. It emerges in early 1704, but it is formulated tersely and appears murky unless understood in light of Leibniz and De Volder’s tangled exchanges. There Leibniz argues that, on his distinctive ontology of an infinity of created substances, no two created substances could possibly causally interact, for roughly the same reasons that some Cartesians like De Volder deny interaction between minds and bodies on their substance dualist ontology. In this paper I draw out this lost argument, explain it and the metaphysics on which Leibniz builds it, and untangle Leibniz and De Volder’s exchanges concerning causation from which this argument results. (shrink)

Purpose – Ubiquitous computing and “big data” have been widely recognized as requiring new concepts of privacy and new mechanisms to protect it. While improved concepts of privacy have been suggested, the paper aims to argue that people acting in full conformity to those privacy norms still can infringe the privacy of others in the context of ubiquitous computing and “big data”. Design/methodology/approach – New threats to privacy are described. Helen Nissenbaum's concept of “privacy as contextual integrity” is reviewed concerning (...) its capability to grasp these problems. The argument is based on the assumption that the technologies work, persons are fully informed and capable of deciding according to advanced privacy considerations. Findings – Big data and ubiquitous computing enable privacy threats for persons whose data are only indirectly involved and even for persons about whom no data have been collected and processed. Those new problems are intrinsic to the functionality of these new technologies and need to be addressed on a social and political level. Furthermore, a concept of data minimization in terms of the quality of the data is proposed. Originality/value – The use of personal data as a threat to the privacy of others is established. This new perspective is used to reassess and recontextualize Helen Nissenbaum's concept of privacy. Data minimization in terms of quality of data is proposed as a new concept. (shrink)

In everyday life, we usually go by theone-body-one-person rule: one person has one body. This social belief builds on two assumptions: bodies are individual units and they are the same in different situations. This is also the conceptual resource for social theories that build on the notion of individuals. In this article, we turn it into a sociological topic. We develop a vocabulary for reconstructing bodily one-ness and bodily sameness as practically achieved social order, asbody boundary work: what belongs to (...) a body is a matter of local practices that define its situational contours, limits and margins. Practices of identification and personification draw on social memories and enact bodies as trans-situational entities. Persons and bodies, we argue, evolve in co-individuation. Personal corporality, then, can be conceptualized as abody of workthat encompasses these practical efforts of boundary-making. (shrink)

Recently psychologists and experimental philosophers have reported findings showing that in some cases ordinary people's moral intuitions are affected by factors of dubious relevance to the truth of the content of the intuition. Some defend the use of intuition as evidence in ethics by arguing that philosophers are the experts in this area, and philosophers' moral intuitions are both different from those of ordinary people and more reliable. We conducted two experiments indicating that philosophers and non-philosophers do indeed sometimes have (...) different moral intuitions, but challenging the notion that philosophers have better or more reliable intuitions. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

Joining voluntary thematic initiatives can be a means for firms to legitimate their business activities. However, a lack of review mechanisms could create incentives for free-riding. This might lead to a lower commitment to the initiative’s principles, and endanger its credibility and its members’ legitimacy benefits. Whether members of voluntary initiatives take advantage of the opportunity to free-ride has not been analyzed empirically so far. To fill this research gap, we investigate from an institutional theory perspective the actual implementation behavior (...) of publicly listed signatories of the United Nations Principles for Responsible Investment (UN PRI) in a difference-in-differences and an event study setting. Our empirical results show that, after signing, UN PRI signatories integrate environmental, social, and governance (ESG) criteria in their business activities significantly more than matched non-signatories from the financial sector, indicating the commitment of the signatories to the UN PRI in general. However, while the initial members show a high commitment to the initiative’s principles by increasing their ESG integration performance substantially, new members signing at a later stage of the initiative perform considerably less, and thus undermine the UN PRI’s credibility. We derive implications for voluntary thematic initiatives to avoid such a development. (shrink)

In their open peer commentary: “Making It Count: Extracting Real World Data from Compassionate Use and Expanded Access Programs”, Rozenberg and Greenbaum discuss impo...

Christian List and Philip Pettit develop an account of group agency which is based on a functional understanding of agency. They claim that understanding organizations such as commercial corporations, governments, political parties, churches, universities as group agents helps us to a better understanding of the normative status and working of those organizations. List and Pettit, however, fail to provide a unified account of group agency since they do not show how the functional side of agency and the normative side of (...) agency are connected. My claim is that a constitutive account of agency helps us to a proper understanding of group agency since it ties the functional part of acting to the group agent’s self-understanding and its commitment to specific norms, principles and values. A constitutive model of agency meets much better what List and Pettit seek to accomplish, namely conceiving of group agents as artificial persons, constituted by normative principles and entertaining normative relations to others to whom they are accountable. (shrink)