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)

Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important oil imports. (...) In this article, the legality of such action as well as the legality of the mere threat to close the Strait of Hormuz are investigated. In addition to the International Law of the Sea, general rules of international law and the international law of armed conflict are taken into consideration. Particular emphasis is put on the sovereignty of other states, which is infringed upon by such threats on the part of the Iranian leadership. First, the question has to be answered whether a passage through these waters would be transit passage through a Strait or normal passage through the coastal state’s territorial sea. The authors of the article conclude that the regime of transit passage applies qua lex specialis, as far as the part of the Strait of Hormuz, which is included in Iran’s territorial waters, is concerned. The next step is to ask the question whether preventing such a passage as well as threatening to prevent such a passage are permissible for Iran. In this context, the potential abuse of otherwise permitted traffic separation schemes is highlighted. Traffic separation schemes are of particular importance in narrow but highly frequented bodies of water, such as the Strait of Hormuz. In addition, the contemporary Iranian state practice has received some attention. One issue to be considered in more detail is the requirement that foreign warships receive authorization from the coastal state prior to entry into the territorial sea. This approach might be incompatible with the right to innocent passage under both the Law of the Sea Convention and customary international law, as there is no clear legal source, which provides for this requirement. Finally, the authors look at the question of the legality of the mere threat to close the Strait of Hormuz as opposed to actually closing the Strait. The sovereignty of other states may be affected to such an extent that such threats already amount to a violation of international law. In light of the historic precedents during the Iran-Iraq War, these threats should not be dismissed lightly. Iran would be well advised to refrain from such rhetoric. (shrink)

Organisationsidentität ist ein bedeutender Faktor für die Erklärung der Stabilität und des Wandels von Organisationen. Stefan Kirchner leistet einen grundlegenden Beitrag zur aktuellen Organisationsforschung, indem er mit dem Konzept der Organisationsidentität Ansätze des soziologischen Neo-Institutionalismus und der Pfadabhängigkeitstheorie zusammenführt.

Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier human (...) rights violation, thereby resulting in a new human rights violation which will have to be measured against the European Convention on Human Rights (ECHR) if the state in question has ratified it prior to deciding how to handle the long-term effects of expropriations. Firstly, in the article we will devote ourselves to the interpretation of the right to property with an emphasis on the problem of expropriation. Above all, we will elaborate on the definition of the term “property” as well as positive and negative obligations of the Member States regarding this right. Finally, we will address the question of expropriations prior to the entry into force of the Convention and just compensation under Article 41 ECHR. Interpretation of the right to property will be supported by the jurisprudence of the European Court of Human Rights. (shrink)

This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...) on Human Rights and that concrete consequences follow from this approach, most notably the requirement to ensure that every human being, including the unborn, is actively protected as concerns the right to life. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German law. (...) Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (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)

ARISTOTLE'S Ethics are not focused on a group of moral principles; they are developed from the affirmation of an end which subordinates all human activities. This end is sought for itself and is called "the good and the best".

The Aristotelian discussion of this theme has focused the attention of researchers and commentators on the question of practical reason. The main problem has been to determine if the end is fixed by moral virtue alone while practical reason is concerned only with the deliberation on the "means" that contribute to the end, or if practical wisdom plays a role as well in the determination of the end.

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (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)

Topic of the paper is Q-logic – a logic of agency in its temporal and modal context. Q-logic may be considered as a basal logic of agency since the most important stit-operators discussed in the literature can be defined or axiomatized easily within its semantical and syntactical framework. Its basic agent dependent operator, the Q-operator (also known as Δ- or cstit-operator), which has been discussed independently by F. v. Kutschera and B. F. Chellas, is investigated here in respect of its (...) relation to other temporal and modal operators. The main result of the paper, then, is a completeness result for a calculus of Q-logic with respect to a semantics defined on the tree-approach to agency as introduced and developed by, among others, F. v. Kutschera and N. D. Belnap. (shrink)

When making an assessment of animal welfare, it is important to take environmental (housing) or animal-based parameters into account. An alternative approach is to focus on the behavior and appearance of the animal, without making actual measurements or quantifying this. None of these tell the whole story. In this paper, we suggest that it is possible to find common ground between these (seemingly) diametrically opposed positions and argue that this may be the way to deal with the complexity of animal (...) welfare. The model will have to be acceptable for the different parties that will be affected by it and real benefits for the animal should result from it. This will be the basis of a practical ethical approach. All this can be condensed into a model that essentially is made up out of three basic elements: the classical welfare analysis with an existing welfare assessment tool, an assessment of the stockholder, and an implementation of the Free Choice Profiling technique. This new framework does not pretend to be a different or better animal welfare matrix; it is intended to integrate existing knowledge and to provide a practical tool to improve animal welfare. It identifies whether there are welfare problems on a farm, if present whether these problems are caused by the housing system or the stockholder, and what can be done to improve the situation. (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)

Emotion suppression has been found to have negative psychological and social consequences in Western cultural contexts. Yet, in some other cultural contexts, emotion suppression is less likely to have negative consequences; relatedly, emotion suppression is also more common in those East-Asian cultural contexts. In a dyadic conflict study, we aim to conceptually replicate cultural differences found in previous research with respect to the prevalence and consequences of emotion suppression,and extend previous research by testing whether cultural differences are larger for some (...) than for other types of negative emotions. We postulate that cultural differences in suppression are less pronounced for socially engaging emotions than socially disengaging emotions, because the former foster the relationship, whereas the latter emphasize individual goals. Belgian and Japanese couples engaged in a 10-min conflict interaction followed by video-mediated recall, during which participants rated their emotions and emotion suppression every 30 s. As predicted, Japanese participants reported more suppression than their Belgian counterparts, but the cultural difference was more pronounced when participants experienced more socially disengaging emotions than when they experienced more socially engaging emotions. These results suggest that the type of emotion should be considered when describing cultural differences in emotion suppression. Finally, and consistent with previous research, emotion suppression was negatively associated with interaction outcomes in Belgian couples, but not in Japanese couples. (shrink)

A vernacular fifteenth-century sermon tells us, in order to warn of the threats to spiritual welfare posed by dance, that cyclic motion and centering of sensory impressions – amongst them intimate conversation – are essential elements of dance. When blending out the parenesis, implicit poetics of medieval dance can be distilled from that sermon. The way how these essential elements of dance are used for generating disruptions within literary plots will be demonstrated in three literary texts dating from the thirteenth (...) to the fifteenth century: Disruptions in connection with dance occur when contrary concepts of motion clash with each other, for example the linearity of the chivalrous way through the Other World with the cyclicity of round dances. ‚Der Württemberger‘, however, collides two contrary concepts of time which can be paraphrased as spatial metaphors, namely the linearity of earthly life which collides with the cyclicity of eternal damnation, a collision symbolized by the expulsion of life out of the dance of the death. Finally in ‚Ritter Sociabilis‘, dance generates a virtual space which subverts the courtly society. The protagonists of all these texts differently manage to resolve disruptions, namely by redemption, by repentance, or by continuing disruptions which they have caused themselves. (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)

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)

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)

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)

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)

In the present chapter, the design of select margins of late medieval Old Norse manuscripts containing the Icelandic ‘Jónsbók’, ‘Kristinréttr Árna biskups’ and Norwegian ‘Landslǫg’ law codes is addressed. In particular, it discusses the size and fillings of margins in these codices and the relation to their modes of use by original clients and later owners. Although it is well-known that Scandinavian law manuscripts contain a large number of notes written by both original and later users, the particular use of (...) marginal spaces by original scribes and illuminators for glosses and other annotations and illuminations has scarcely been investigated to date. In my contribution, two distinctive features will be addressed: (1.) The different use of margins by Norwegian and Icelandic readers of the manuscripts, and (2.) the use of margins by illuminators surrounding the column(s) and incorporated initials. (shrink)