Jherings Rechtsdenken ist ein noch nicht ausgeschöpftes Guthaben der deutschen Rechtskultur. Erst in jüngerer Zeit konnte es von schweren Mißverständnissen befreit und in seiner kulturanthropologischen, die menschliche Zivilisation als Ganzes erfassenden Weite deutlich gemacht werden. Okko Behrends beleuchtet Jhering als Schriftsteller, Rechtstheoretiker und Juristen. Er verfolgt die Wirkung seines realistischen, aber an der Idee des rechtsethischen Fortschritts festhaltenden Denkens in Europa (Deutschland, Rußland, Schweden, Italien), Ostasien (Japan und Korea) sowie Nord- und Südamerika.

In this article, I articulate and respond to an epistemological challenge to meta-normative realism. The challenge has it that, if realism about the normative is correct, and if evolutionary forces have significantly influenced our normative judgments, then it would be a remarkable coincidence if the content of the normative facts and our normative judgments were aligned. I criticize David Enoch's recent attempt to meet this challenge, but provide an alternative response that is structurally similar. I argue that if realism is (...) correct, then it would be remarkable if the content of our normative judgments and the normative facts were not significantly aligned. (shrink)

This paper argues against two prominent accounts of what it is to "promote a desire," found in the work of Stephen Finlay and Mark Schroeder.

Promotion is the relation between an act and a desire that obtains when the act advances or serves the desire. Under what conditions does an act promote a desire? Probabilistic accounts of promotion, the most prominent accounts, analyze promotion in terms of an increase in the probability of the desire’s satisfaction. In this paper, we clarify the promotion relation and explain why probabilistic accounts are attractive. Then we identify two questions probabilistic accounts must answer: the Baseline Question and the Interpretation (...) Question. We discuss and reject the three answers to the Baseline Question found in the literature, and explain the challenge future attempts at answering this question will face. Proponents of probabilistic accounts have not adequately addressed the Interpretation Question. We survey three answers to this question, finding each unsatisfactory. We conclude that no satisfactory probabilistic account has yet been offered, and that there are significant hurdles to providing one in the future. (shrink)

Source Hybridism about practical reasons is the position that facts that constitute reasons sometimes derive their normative force from external metaphysical grounds, and sometimes from internal. Although historically less popular than either Source Internalism or Source Externalism, hybridism has lately begun to garner more attention. Here, I further the hybridist's cause by defending Source Hybridism from three objections. I argue that we are not warranted in rejecting hybridism for any of the following reasons: that hybridists cannot provide an account of (...) normative weight, that hybridists are committed to implausible results concerning practical deliberation, or that Source Hybridism is objectionably unparsimonious. (shrink)

Internalists about practical reasons maintain that all of an agent’s reasons for action derive their normative force via some relation in which they stand with that agent’s pro-attitudes, or the pro-attitudes that the agent would have in some idealized set of circumstances. One common complaint against internalism is that the view is extensionally inadequate – that it cannot render the correct verdicts about what reasons agents have in a range of important cases. In this paper, I examine that charge of (...) extensional inadequacy, taking as my starting point an argument that Derek Parfit has recently leveled against internalism. Through a close evaluation of that argument and potential replies to it, I attempt to show that internalists cannot accommodate important pre-theoretical intuitions about what reasons we have. However, I also argue that Parfit’s case is importantly overstated; I set out to show that his argument cannot establish, as he thinks it does, that no reasons derive their normative force in the way that internalists believe that all do. In doing so, I draw attention to the possibility of a hybrid position about practical reasons that, surprisingly, receives little attention in the existing literature. If the arguments of the paper succeed, I will have established a modest theoretical advantage for hybridism over internalism – namely, that it is not vulnerable to the charge of extensional inadequacy. My hope is that this goes some way toward establishing hybridism’s credentials as a serious alternative to its “pure” competitors. (shrink)

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the experts (...) who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

Numerous studies have examined the acoustic correlates of sentential stress and its underlying linguistic functionality. However, the mechanism that connects stress cues to the listener's attentional processing has remained unclear. Also, the learnability versus innateness of stress perception has not been widely discussed. In this work, we introduce a novel perspective to the study of sentential stress and put forward the hypothesis that perceived sentence stress in speech is related to the unpredictability of prosodic features, thereby capturing the attention of (...) the listener. As predictability is based on the statistical structure of the speech input, the hypothesis also suggests that stress perception is a result of general statistical learning mechanisms. To study this idea, computational simulations are performed where temporal prosodic trajectories are modeled with an n-gram model. Probabilities of the feature trajectories are subsequently evaluated on a set of novel utterances and compared to human perception of stress. The results show that the low-probability regions of F0 and energy trajectories are strongly correlated with stress perception, giving support to the idea that attention and unpredictability of sensory stimulus are mutually connected. (shrink)

L’histoire des sciences est souvent comprise comme une succession de théories, les nouvelles supplantant les anciennes. Or cette conception de l’histoire des sciences ne rend pas justice à la complexité des dynamiques à l’œuvre dans le développement scientifique. Pour illustrer cela, nous nous intéressons à un type de phénomènes qui ne peut pas être décrit comme relevant d’une simple succession linéaire : la désuétude de certaines théories. Nous portons notre attention sur un cas particulier : la désuétude temporaire qui a (...) frappé la théorie de la neuroplasticité. Nous défendons l’idée que l’étude de cette théorie fait apparaître certaines des insuffisances de la conception linéaire de l’histoire des sciences. (shrink)

Since the introduction of photography by commercial studio photographers and the colonial state in Kenya, this global medium has been intensely debated and contested among Muslims on the cosmopolitan East African coast. This book does not only explore the making, circulation, and consumption of popular photographs, but also the other side, their rejection and obliteration, an essential aspect of a medium's history that should not be neglected. It deals with various »social spaces of refusal« in the local Muslim milieu and (...) in that of »traditional« spirit mediums in which visibility was contested in various and creative ways. It focuses on the »aesthetics of withdrawal«: the various ways and techniques that process the photographic act as well as the photographic image to theatricalize the surface of the image in new ways by veiling, masking, and concealing. In a fragmented historical perspective, Heike Behrend seeks to complement, decenter, and counter the history of photography as it has been told by the West and to narrate another history beginning with preceding local media such as textiles and spirit possession. (shrink)

The history of science is often understood as a succession of theories. However, this conception of the history of science does not do justice to the complexity of the dynamics implemented in scientific development. To illustrate this, we focus on a type of phenomena that cannot be described as a simple linear succession : the desuetude of certain theories and particularly the temporary desuetude of the theory of neuroplasticity. We argue that studying this theory reveals some of the inadequacies of (...) the linear conception of the history of science. (shrink)

Recent calls for reinstituting mandatory home economics education have emphasized its potential to advance gender egalitarian aims. The thought is that, because women’s disproportionate performance of caregiving and household labor is partially caused by gender socialization that better prepares women than men for such work, we can disrupt gender inegalitarian work distributions by preparing everyone for the sort of work in question. The curricula envisioned in these calls are gender-neutral, in the sense that they recommend identical educational interventions for all (...) genders. By exploiting a parallel between gender-neutral educational policies and gender-neutral family leave policies, we argue first that gender-neutral home economics instruction is unlikely to advance gender egalitarian aims, and may in fact reinforce the very outcomes it is meant to disrupt. However, we further argue that a more radical home economics curriculum could avoid these difficulties. To the extent that we value educational interventions as a possible means for advancing gender egalitarian aims, we have good reason to seriously consider adopting a gender non-neutral program in which all and only boys receive mandatory caregiving instruction. (shrink)

Recognizing gaps in our present understanding of leader apologies, this investigation examines how followers appraise leader apologies and how these perceptions impact work-related outcomes. Results indicate that followers who viewed their leader as trustworthy or caring before a leader wrongdoing were more likely to perceive their leader’s apology to be sincere, as compared to followers who previously doubted their leader’s trustworthiness and caring. Attributions of apology sincerity affected follower reactions, with followers perceiving sincere apologies reporting greater trust in leadership, satisfaction (...) with supervision, leader–member exchange quality, affective organizational commitment, and forgiveness than those reporting insincere or no apologies. A mediation model was supported, showing that attributions of apology sincerity fostered perceptions of humility, which enhanced perceptions of transformational leadership, and consequently garnered more positive follower reactions. (shrink)

The particular design of any technology may have profound social implications. Computing technologies are deeply intermeshed with the activities of daily life, playing an ever more central role in how we work, learn, communicate, socialize, and participate in government. Despite the many ways they have improved life, they cannot be regarded as unambiguously beneficial or even value-neutral. Recent experience shows they can lead to unintended but harmful consequences. Some technologies are thought to threaten democracy through the spread of propaganda on (...) online social networks, or to threaten privacy through the aggregation of datasets that include increasingly personal information, or to threaten justice when machine learning is used in such high-stakes, decision-making contexts as loan application reviews, employment procedures, or parole hearings. It is insufficient to ethically assess technology after it has produced negative social impacts, as has happened, for example, with facial recognition software that discriminates against people of color and with self-driving cars that are unable to cope with pedestrians who jay-walk. Developers of new technologies should aim to identify potential harmful consequences early in the design process and take steps to eliminate or mitigate them. This task is not easy. Designers will often have to negotiate among competing values—for instance, between efficiency and accessibility for a diverse user population, or between maximizing benefits and avoiding harm. There is no simple recipe for identifying and solving ethical problems. -/- Computer science education can help meet these challenges by making ethical reasoning about computing technologies a central element in the curriculum. Students can learn to think not only about what technology they could create, but also whether they should create that technology. Learning to reason this way requires courses unlike those currently standard in computer science curricula. A range of university courses on topics in areas of computing, ethics, society and public policy are emerging to meet this need. Some cover computer science broadly, while others focus on specific problems like privacy and security; typically, these classes exist as stand-alone courses in the computer science curriculum. Others have integrated ethics into the teaching of introductory courses on programming, artificial intelligence, and human-computer interaction. (shrink)

Computational models of child language development can help us understand the cognitive underpinnings of the language learning process, which occurs along several linguistic levels at once (e.g., prosodic and phonological). However, in light of the replication crisis, modelers face the challenge of selecting representative and consolidated infant data. Thus, it is desirable to have evaluation methodologies that could account for robust empirical reference data, across multiple infant capabilities. Moreover, there is a need for practices that can compare developmental trajectories of (...) infants to those of models as a function of language experience and development. The present study aims to take concrete steps to address these needs by introducing the concept of comparing models with large-scale cumulative empirical data from infants, as quantified by meta-analyses conducted across a large number of individual behavioral studies. We formalize the connection between measurable model and human behavior, and then present a conceptual framework for meta-analytic evaluation of computational models. We exemplify the meta-analytic model evaluation approach with two modeling experiments on infant-directed speech preference and native/non-native vowel discrimination. (shrink)

BackgroundThis study analyzed the difference in psychological distress of the healthcare workers in three different periods of the coronavirus disease 2019 (COVID-19) pandemic in Argentina. Specifically, from the third week of the mandatory quarantine through the two following weeks.MethodsAnalysis of the responses of 1,458 members of the health personnel was done on a questionnaire on healthcare workers concerns regarding the care of patients with coronavirus, indicators of depression, anxiety, intolerance of uncertainty, and coping.ResultsThe psychological indicators that were considered presented differences (...) between the evaluated periods. Perceived concerns about the possibility of infecting loved ones and infecting themselves were greatest in the periods after the onset of the pandemic. In addition, the perception of how the work environment worsened and how lack of sleep interfered with their work was also higher in periods 2 and 3. The same results were found in the indicators of depression, anxiety, and intolerance of uncertainty. Finally, the indicators of high tension and concurrent lack of emotional control, which was greater in the last periods evaluated, were also expressed in the coping strategies (showing emotional lability, only contained by hypercontrol).ConclusionThe differences found in the psychological indicators between the evaluated periods support the need for early psychological care of health personnel which should be a priority of public health and a fundamental fact to increase its immediate effectiveness in the care of infected patients. (shrink)

In previous work I argued that purely probabilistic accounts of what it takes to promote a desire are mistaken. This is because, I argued, there are desires that it is possible to promote but impossible to probabilistically promote. In a recent article critical of my account, Joshua DiPaolo and Jeffrey Behrends articulate a methodological principle -- Check the Neighborhood -- and claim that respecting this principle rescues pure probabilism from my argument. In this reply, I accept the methodological principle (...) and show that, despite rendering the original argument invalid, there remains a neighboring argument against purely probabilistic accounts of promotion. (shrink)

According to Humean promotionalism about practical reasons, the fact that I have a reason to φ holds in virtue of the fact that φ-ing promotes one or more of my desires. The topic of this discussion note is the question of how best to understand the promotion relation. In particular, I defend a probabilistic understanding of promotion against a line of argument recently brought forth by Jeff Behrends, Joshua DiPaolo, and Nate Sharadin. Roughly, their argument is that probabilistic promotion (...) leads to implausible results in cases in which the relevant desires are certain to be satisfied. In these cases, a probabilistic understanding tells us that we do not have a reason to φ because the probability of desire satisfaction is 1 already. Contrary to Behrends', DiPaolo's, and Sharadin's claims, I argue that this is precisely the result a Humean theory of reasons should generate. According to Humeanism, we have reasons for actions because these actions make a difference to the occurrence of desire satisfaction - where the causal route to desire satisfaction is normatively irrelevant. Thus, if desire satisfaction is dead certain, we have no reason to do anything. (shrink)

In jurisprudential circles the year 1981 might well be dubbed the year of Hans Kelsen, with no fewer than three symposia celebrating the hundredth anniversary of his birth. The Association for Legal and Social Philosophy in the United Kingdom held a conference on Kelsen in Edinburgh in April, giving special attention to “legal epistemology” in the Pure Theory of Law. A symposium of the Austrian Association for Legal and Social Philosophy, held in the Schloss Retzhof near Graz in May, was (...) devoted to Kelsen's political theory and critique of ideology. And the Hans Kelsen Institute in Vienna sponsored a symposium in September on Kelsen's posthumously published work, the Allgemeine Theorie der Normen. All three events were marked by significant international participation, and they point to continuing widespread interest in Kelsen and the Pure Theory of Law. (shrink)

Humean promotionalists about reasons think that whether there is a reason for an agent to ϕ depends on whether her ϕ-ing promotes the satisfaction of at least one of her desires. Several authors have recently defended probabilistic accounts of promotion, according to which an agent’s ϕ-ing promotes the satisfaction of one of her desires just in case her ϕ-ing makes the satisfaction of that desire more probable relative to some baseline. In this paper I do three things. First, I formalize (...) an argument, due to Jeff Behrends and Joshua DiPaolo, to the effect that Mark Schroeder’s and Stephen Finlay’s probabilistic accounts of promotion cannot be correct. Next, I extend this argument to a recent alternative offered by D. Justin Coates and show how Coates’ attempt to avoid the argument by introducing a distinction between ‘intrinsic’ and ‘extrinsic’ probability doesn’t help. Finally, I suggest an alternative way of understanding promotion in terms of increase in degree of fit between the causal upshot of an action and the content of a desire. I show how this view, disjunctively paired with probabilism about promotion, solves the problems with previous accounts. (shrink)