There is a widespread view that well-learned skills are automated, and that attention to the performance of these skills is damaging because it disrupts the automatic processes involved in their execution. This idea serves as the basis for an account of choking in high pressure situations. On this view, choking is the result of self-focused attention induced by anxiety. Recent research in sports psychology has produced a significant body of experimental evidence widely interpreted as supporting this account of choking in (...) certain kinds of complex sensorimotor skills. We argue against this interpretation, pointing to problems with both the empirical evidence and the underlying theory. The experimental research fails to provide direct support for the central claims of the self-focus approach, contains inconsistencies, and suffers from problems of ecological validity. In addition, qualitative studies of choking have yielded contrary results. We further argue that in their current forms the self-focus and rival distraction approaches both lack the theoretical resources to provide a good theory of choking, and we argue for an expanded approach. Some of the elements that should be in an expanded approach include accounts of the features of pressure situations that influence the psychological response, the processes of situation appraisal, and the ways that attentional control can be overwhelmed, leading to distraction in some cases, and in others, perhaps, to damaging attention to skill execution. We also suggest that choking may sometimes involve performance-impairing mechanisms other than distraction or self-focus. (shrink)

Psychopaths appear to be ‘creatures apart’ – grandiose, shameless, callous and versatile in their violence. I discuss biological underpinnings to their pale affect, their selective inability to discern fear and sadness in others and a predatory orienting towards images that make most startle and look away. However, just because something is biologically underpinned does not mean that it is innate. I show that while there may be some genetic determination of fearlessness and callous-unemotionality, these and other features of the personality (...) may arise from developmental failures in the interpersonal reception of their emotions, needs and their sense of self. One is unlikely to be able to own inner experiences if shamed for having them, or if, having them, one does not know how to regulate and soothe. So psychopaths may learn to attend away and suppress them. Rather than a fully inherited difficulty, they may have become unable to reflect on inner states, so meta-emotions and self-reflective emotions like guilt and shame do not fully arise. They retain enough sensitivity to know their difference, and hide. I suggest that psychopaths are characterised by a nested sense of self, arising from the surprising effect of shame on these seemingly shameless characters. They do not have an integrated sense of self across context or across time or in relation to a generalised social other. With a nested sense of self, diminished intensity and scope of affective experience (in both directly experienced and vicarious forms) they lack textured access to a personal, owned and integrated past. Thus they lack the kind of access to the past required for a motivationally compelling planning of the future. They lack the emotional investment in the future that enables us to overcome the motivation to act opportunistically and myopically. These individuals live strangely in time. They have a fugitive sense of self and live nimbly among many pasts. They present an elegant and coherent mask to the person they are addressing in the moment and generate possible futures without conviction. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ?signature patterns of tension? among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ?silent zones?, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ‘signature patterns of tension’ among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ‘silent zones’, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

We present a synthetic theory of skilled action which proposes that cognitive processes make an important contribution to almost all skilled action, contrary to influential views that many skills are performed largely automatically. Cognitive control is focused on strategic aspects of performance, and plays a greater role as difficulty increases. We offer an analysis of various forms of skill experience and show that the theory provides a better explanation for the full set of these experiences than automatic theories. We further (...) show that the theory can explain experimental evidence for skill automaticity, including evidence that secondary tasks do not interfere with expert performance, and evidence that experts have reduced memory for performance of sensorimotor skills. (shrink)

‘There is no place in the phenomenology of fully absorbed coping’, writes Hubert Dreyfus, ‘for mindfulness. In flow, as Sartre sees, there are only attractive and repulsive forces drawing appropriate activity out of an active body’1. Among the many ways in which history animates dynamical systems at a range of distinctive timescales, the phenomena of embodied human habit, skilful movement, and absorbed coping are among the most pervasive and mundane, and the most philosophically puzzling. In this essay we examine both (...) habitual and skilled movement, sketching the outlines of a multidimensional framework within which the many differences across distinctive cases and domains might be fruitfully understood. Both the range of movement phenomena which can plausibly be seen as instances of habit or skill, and the space of possible theories of such phenomena are richer and more disparate than philosophy easily encompasses. We seek to bring phenomenology into contact with relevant movements in psychological theories of skilful action, in the belief that phenomenological philosophy and cognitive science can be allies rather than antagonists. (shrink)

Much work on the sense of agency has focused either on abnormal cases, such as delusions of control, or on simple action tasks in the laboratory. Few studies address the nature of the sense of agency in complex natural settings, or the effect of skill on the sense of agency. Working from 2 case studies of mountain bike riding, we argue that the sense of agency in high-skill individuals incorporates awareness of multiple causal influences on action outcomes. This allows fine-grained (...) differentiation of the contributions of self and external factors to action outcomes. We further argue that the sense of agency incorporates prospective awareness of actions that are possible in a situation and awareness of the limits of control. These forms of sense of agency enable highly flexible, context-sensitive strategic control, and are likely to contribute to high interindividual variability in responses to complex tasks. (shrink)

Schemas contribute to adaptation, filtering novelty though knowledge-expectancy structures, the residue of past contingencies and their consequences. Adaptation requires a balance between flexible, dynamic context-sensitivity and the cognitive efficiency that schemas afford in promoting persistent goal pursuit despite distraction. Affects can form and disrupt schemas. Transient affective experiences systematically alter selectivity of attentiveness to the directly experienced present environment, the internal environment, and to the stored experiences of memory. Enduring personal stylistic predispositions, like implicit motives and affective schemas, influence how (...) experience is perceived, responded to, and integrated; they shape memory and influence present experiential patterns, individually and intersubjectively. Such systematic influences are potential sources of error in the study of memory if not mapped; so far, individual personality differences have just been a source of complication in the literature on emotion-congruent perception and memory. I synthesize what findings there are about how personality differences, emotions, and affects contribute to the structuring and integration of perceptions and memories both directly and by way of hot, affectively-anchored schemas. Case studies from experimental and personality psychology highlight a conception of personality and affective experience relevant to memory research and cognitive science. (shrink)

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes (AIR) approach?a differently nuanced model of expert skill aligned with the integrative spirit of the Noices? research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)

We adopted a phenomenological approach, directly engaging with the community of practice of the form of movement under study. We discuss some methodological approaches that we considered in investigating the lived experience of a heterogeneous group of Contact Improvisation (CI) practitioners. We delineate how such a system of movement could provide a unique example for the analysis of the interpersonal dynamics between movers with a different degree of expertise, re-tracing some common paths towards the acquisition of interkinaesthetic knowledge.

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes approach—a differently nuanced model of expert skill aligned with the integrative spirit of the Noices’ research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)

How do concert pianists commit to memory the structure of a piece of music like Bach’s Italian Concerto, learning it well enough to remember it in the highly charged setting of a crowded performance venue, yet remaining open to the freshness of expression of the moment? Playing to this audience, in this state, now, requires openness to specificity, to interpretation, a working dynamicism that mere rote learning will not provide. Chaffin, Imreh and Crawford’s innovative and detailed research suggests that the (...) key to this skill is a declarative mental roadmap aiding musical performance. This hypothesis is neatly and unintentionally summarized by professional pianist Imreh, who states when learning a new piece of music “My fingers were playing the notes just fine. The practice I needed was in my head. I had to learn to keep track of where I was. It was a matter of learning exactly what I needed to be thinking of as I played, and at exactly what point. . .” (Chaffin & Imreh 1997, p.326). (shrink)

Transactive memory theory describes the processes by which benefits for memory can occur when remembering is shared in dyads or groups. In contrast, cognitive psychology experiments demonstrate that social influences on memory disrupt and inhibit individual recall. However, most research in cognitive psychology has focused on groups of strangers recalling relatively meaningless stimuli. In the current study, we examined social influences on memory in groups with a shared history, who were recalling a range of stimuli, from word lists to personal, (...) shared memories. We focused in detail on the products and processes of remembering during in-depth interviews with 12 older married couples. These interviews consisted of three recall tasks: (1) word list recall; (2) personal list recall, where stimuli were relevant to the couples’ shared past; and (3) an open-ended autobiographical interview. We conducted these tasks individually and then collaboratively two weeks later. Across each of the tasks, although some couples demonstrated collaborative inhibition, others demonstrated collaborative facilitation. We identified a number of factors that predicted collaborative success, in particular, group-level strategy use. Our results show that collaboration may help or hinder memory, and certain interactions are more likely to produce collaborative benefits. (shrink)

How do concert pianists commit to memory the structure of a piece of music like Bach’s Italian Concerto, learning it well enough to remember it in the highly charged setting of a crowded performance venue, yet remaining open to the freshness of expression of the moment? Playing to this audience, in this state, now, requires openness to specificity, to interpretation, a working dynamicism that mere rote learning will not provide. Chaffin, Imreh and Crawford’s innovative and detailed research suggests that the (...) key to this skill is a declarative mental roadmap aiding musical performance. This hypothesis is neatly and unintentionally summarized by professional pianist Imreh, who states when learning a new piece of music “My fingers were playing the notes just fine. The practice I needed was in my head. I had to learn to keep track of where I was. It was a matter of learning exactly what I needed to be thinking of as I played, and at exactly what point. (shrink)

Seeking to expand on previous theories, this paper explores the AIR (Applying Intelligence to the Reflexes) approach to expert performance previously outlined by Geeves, Christensen, Sutton and McIlwain (2008). Data gathered from a semi-structured interview investigating the performance experience of Jeremy Kelshaw (JK), a professional musician, is explored. Although JK’s experience of music performance contains inherently uncertain elements, his phenomenological description of an ideal performance is tied to notions of vibe, connection and environment. The dynamic nature of music performance (...) advocated by the AIR approach is illustrated by the strategies that JK implements during performance. Through executing these strategies, JK attempts to increase the likelihood of vibe and connection by selectively exercising agency over performance variables within his control. In order to achieve this, JK must engage in ongoing monitoring of his performance, whereby the spotlight of his attention pans across a vast array of disparate performance processes (and levels within these processes) in order to ascertain how he can most effectively meet the specific demands of a given performance situation. It is hoped that future research compiling data from numerous interviews and sources as well as using different research methodologies will further unlock the potential that the AIR approach holds for understanding expert performance. (shrink)

While nothing justifies atrocity, many perpetrators manifest cognitive impairments that profoundly degrade their capacity for moral judgment, and such impairments, we shall argue, preclude the attribution of moral responsibility.

"Geschichte," die zu denken gibt. Konnotationen des Geschichtsbegriffs aus theologischer Perspektive ; Die fundamentaltheologische Dichotomie ; Die Begründung einer theologischen Perspektive auf "Geschichte" ; Die theologische Tiefenstruktur von "Geschichte" als Aufgabe -- "Geschichte" als hermeneutische Aufgabe. "Geschichte" als Programm ; Die universalgeschichtliche Herausforderung ; "Geschichte" zwischen Offenbarung und Kerygema ; "Geschichte" als Denkbewegung -- "Geschichte" im Erzählen : Paul Ricœur. Der Wag in die Philosophie : Biographische Notizen zu Paul Ricœur ; Die Begründung der philosophie de la detour ; Auf (...) dem Weg zu einer Hermeneutik der Geschichte ; Der Wag in die Theologie -- "Geschichte" zwischen Erinnern und Erzählen : von der Phänomenologie zur Theologie. Die Dimension des Möglichen ; Die überkreuzte Referenz von Geschichte und Gedächtnis ; Geschichte coram Deo : Resümee und Ausblick -- "Geschichte" im Geschehen. Phänomenologisch-kerygmatische Theologie : zum Ansatz einer theologischen Lesart von "Geschichte" ; Christologische Mimesis : der dogmatische Kern theologischen Geshichtsverstehens ; Die christologische Lesart des Mimesiskonzepts -- "Geschichte," die nach Erzählung verlangt. Die hermeneutische Orientierung theologischer Reflexion auf "Geschichte" ; "Geschichte" als geschehen ; Die Eigenart des zu Erzählenden ; "Geschichte" für uns. (shrink)

Contains contributions from some of the most prominent thinkers and experts in philosophy-driven methods, such as phenomenology, hermeneutics, and semiotics. This international body of scholars discuss the issue of method itself, as well as bring those methods to bear on some of the most prominent issues of our time in the areas of media, culture and criticism.

Benefit sharing has been a recurrent theme in international debates for the past two decades. However, despite its prominence in law, medical ethics and political philosophy, the concept has never been satisfactorily defined. In this conceptual paper, a definition that combines current legal guidelines with input from ethics debates is developed. Philosophers like boxes; protective casings into which they can put concisely-defined concepts. Autonomy is the human capacity for self-determination; beneficence denotes the virtue of good deeds, coercion is the intentional (...) threat of harm and so on. What about benefit sharing? Does the concept have a box and are the contents clearly defined? The answer to this question has to be no. The concept of benefit sharing is almost unique in that various disciplines use it regularly without precise definitions. In this article, a definition for benefit sharing is provided, to eliminate unnecessary ambiguity. (shrink)

This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for (...) a whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

Drawing on arguments in Doris (2002, 2022) [Lack of Character: Personality and Moral Behavior. Cambridge: Cambridge University Press; Character Trouble: Undisciplined Essays on Moral Agency and Personality. Oxford: Oxford University Press], this essay argues that good character is typically an insufficient “bulwark” against misconduct in military organizations, for two reasons: (1) the situational sensitivity of behavior and (2) the relatively small effect sizes associated with personality variables. Additionally, what is known about moral development and education gives limited reason to (...) think organizations are likely to have much success in inculcating reliably good character in their members. Instead, military organizations concerned to reduce misconduct should focus on developing organizational cultures structured by carefully crafted and assiduously enforced moral rules. (shrink)

Business actors create and operate in global production networks that bring them in contact with regulatory frameworks across multiple levels and domains. Importantly, they also participate in shaping those regulatory frameworks. But what are the specific interests they pursue in their involvement in regulation? Traditionally, scholars tended to assume that the focus of business actors is primarily on avoiding (stringent) public regulation. Recent developments have highlighted a broader range of business interests, however. Accordingly, this paper investigates business positions on the (...) ascription of duties and rights in regulation, specifically in the fields of due diligence, supply chain liability, and extraterritorial jurisdiction. The paper explores these issues in the context of business regulation in the field of Human Rights, looking at the United Nations Guiding Principles on human rights, their German implementation in the ‘Nationaler Aktionsplan Wirtschaft und Menschenrechte’ and the associated processes, in particular. (shrink)

Drawing on arguments in Doris (2002, 2022) [Lack of Character: Personality and Moral Behavior. Cambridge: Cambridge University Press; Character Trouble: Undisciplined Essays on Moral Agency and Personality. Oxford: Oxford University Press], this essay argues that good character is typically an insufficient “bulwark” against misconduct in military organizations, for two reasons: (1) the situational sensitivity of behavior and (2) the relatively small effect sizes associated with personality variables. Additionally, what is known about moral development and education gives limited reason to (...) think organizations are likely to have much success in inculcating reliably good character in their members. Instead, military organizations concerned to reduce misconduct should focus on developing organizational cultures structured by carefully crafted and assiduously enforced moral rules. (shrink)

Do we know what we're doing, and why? Psychological research seems to suggest not: reflection and self-awareness are surprisingly uncommon and inaccurate. John M. Doris presents a new account of agency and responsibility, which reconciles our understanding of ourselves as moral agents with empirical work on the unconscious mind.

In elite sport, the advantages demonstrated by expert performers over novices are sometimes due in part to their superior physical fitness or to their greater technical precision in executing specialist motor skills. However at the very highest levels, all competitors typically share extraordinary physical capacities and have supremely well-honed techniques. Among the extra factors which can differentiate between the best performers, psychological skills are paramount. These range from the capacities to cope under pressure and to bounce back from setbacks, to (...) the knowledge of themselves, opponents, and the domain, which experts access and apply in performance. In the companion chapter on breadth and depth of knowledge in expert sport (see Chapter 11), we discussed the forms or kinds of knowledge deployed by elite athletes, and described some lines of research which seek to tap and study such expert knowledge (McPherson & MacMahon, 2008; McRobert, Ward, Eccles & Williams, 2011). In this chapter we focus more directly on questions about methods for measuring or more accurately assessing expert knowledge, in particular addressing a wider range of methods to help us understand what experts know. Suggesting that sport researchers can productively adopt and adapt existing qualitative methodologies for integration with more standard quantitative methods, we introduce and survey a number of areas of qualitative research in psychology. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

If the work carried out to gain a detailed understanding of the process of photosynthesis, and probably other types of bioenergetic conversions as well, fulfills the criteria of a molecular biology, and if the groups funding this research and those who worked in the laboratory regarded it as such, why has it been necessary for me to argue here that bioenergetics should always have been counted as part of - indeed, may have been in the forefront in establishing — the (...) molecular biology tradition? Why have the investigators themselves not insisted on correcting the historical record that has emerged thus far? I would like to offer two reasons: one institutional, the other scientific. (shrink)

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that intelligent legal (...) knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (shrink)

Um den Begriff des Originals gibt es heftige Debatten. Können Fälschungen ebenso gut sein wie Originale? Wann sind Kopien vielleicht sogar besser? Und ist die Zeit des Originals nicht überhaupt vorbei? Dabei tritt die Frage, was ein Original eigentlich sei, oft in den Hintergrund. Doris Reisinger stellt die These auf: Der Begriff des Originals ist nicht nur nicht obsolet, er hat auch nicht notwendig mit Neuheit, Urheberschaft oder ästhetischem Wert zu tun - das Problem des Originalbegriffs besteht schlicht darin, (...) dass seine komplexe Struktur verkannt wird. Vor diesem Ausgangspunkt erarbeitet sie einen Explikationsvorschlag, der die Beantwortung einer ganzen Reihe von Fragen dieser klassischen philosophischen Debatte erlaubt. (shrink)

The Blochian concept of cipher is discussed in some detail with a view to possible developments in the modern philosophy of nature. Parallels and differences are listed as to the Idealistic tradition in Germany preceding Bloch’s approach. It is found that within the framework of a strict process philosophy of the Blochian type, life forms and human life in particular show up as systemic parts of a nature that is projecting itself towards what has not yet become, hence a strong (...) similarity to Schelling’s approach. (shrink)