While corpus studies have shown that discourse connectives that convey the same coherence relation can display subtle differences, research on online discourse processing has only focused on a rather limited set of connectives. Yet, different connectives – for example, rare or polyfunctional ones – might elicit different reading patterns. In order to explore this assumption, we test the robustness of discourse processing for French native speakers by measuring the way they process causal and concessive sentences that are conveyed by either (...) an appropriate or inappropriate connective. Throughout three experiments, we change important characteristics of the connectives: we first test frequently used connectives, secondly less frequent ones, and finally less frequent connectives that are polyfunctional and for which different functions clearly compete. Our results show that the processing for incoherent items was affected for all connectives, however readers showed altered reading fluency when infrequent connectives were used. We conclude that discourse processing is quite robust and that readers are able to insert meaning conveyed by rare connectives while still showing the highest reading ease with frequent connectives. (shrink)

This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost ("expected utility theory"). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded (...) willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics. (shrink)

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and (...) economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition. (shrink)

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people's behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human (...) behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions. (shrink)

This essay discusses how, for Hegel, freedom can be realized in nature in a rudimentary fashion in solar systems. This solves a problem in Kant’s account of freedom, namely, the problem that Kant only gives a negative argument for why freedom is not impossible but does not give a positive account of how freedom is real. I give a novel account of Kant’s negative argument. Then, I show how, according to Hegel, solar systems can be considered as exhibiting freedom in (...) a rudimentary fashion. Finally, I lay out how Hegel systematically develops this point about the freedom of solar systems in the ‘Mechanism’-chapter of the Science of Logic. In doing so, he uses Kant’s negative argument in a ‘purified’ form to arrive at an account of an ‘intimate token-type relation’ between the planets in a solar system and the law that governs their motion. The essay as a whole provides a concrete example of how Hegel is an inheritor and radicalizer of Kant, both with respect to freedom’s reality and with respect to philosophical method. (shrink)

How does the human brain link relational concepts to perceptual experience? For example, a speaker may say “the cup to the left of the computer” to direct the listener's attention to one of two cups on a desk. We provide a neural dynamic account for both perceptual grounding, in which relational concepts enable the attentional selection of objects in the visual array, and for the generation of descriptions of the visual array using relational concepts. In the model, activation in neural (...) populations evolves dynamically under the influence of both inputs and strong interaction as formalized in dynamic field theory. Relational concepts are modeled as patterns of connectivity to perceptual representations. These generalize across the visual array through active coordinate transforms that center the representation of target objects in potential reference objects. How the model perceptually grounds or generates relational descriptions is probed in 104 simulations that systematically vary the spatial and movement relations employed, the number of feature dimensions used, and the number of matching and nonmatching objects. We explain how sequences of decisions emerge from the time‐ and state‐continuous neural dynamics, how relational hypotheses are generated and either accepted or rejected, followed by the selection of new objects or the generation of new relational hypotheses. Its neural realism distinguishes the model from information processing accounts, its capacity to autonomously generate sequences of processing steps distinguishes it from deep neural network accounts. The model points toward a neural dynamic theory of higher cognition. (shrink)

Hartmut Rosa advances an account of the temporal structure of society from the perspective of critical theory. He identifies three categories of change in the tempo of modern social life: technological acceleration, evident in transportation, communication, and production; the acceleration of social change, reflected in cultural knowledge, social institutions, and personal relationships; and acceleration in the pace of life, which happens despite the expectation that technological change should increase an individual's free time. According to Rosa, both the structural and cultural (...) aspects of our institutions and practices are marked by the "shrinking of the present," a decreasing time period during which expectations based on past experience reliably match the future. When this phenomenon combines with technological acceleration and the increasing pace of life, time seems to flow ever faster, making our relationships to each other and the world fluid and problematic. It is as if we are standing on "slipping slopes," a steep social terrain that is itself in motion and in turn demands faster lives and technology. As Rosa deftly shows, this self-reinforcing feedback loop fundamentally determines the character of modern life. (shrink)

Describing actions entails that relations between objects are discovered. A pervasively neural account of this process requires that fundamental problems are solved: the neural pointer problem, the binding problem, and the problem of generating discrete processing steps from time-continuous neural processes. We present a prototypical solution to these problems in a neural dynamic model that comprises dynamic neural fields holding representations close to sensorimotor surfaces as well as dynamic neural nodes holding discrete, language-like representations. Making the connection between these two (...) types of representations enables the model to describe actions as well as to perceptually ground movement phrases—all based on real visual input. We demonstrate how the dynamic neural processes autonomously generate the processing steps required to describe or ground object-oriented actions. By solving the fundamental problems of neural pointing, binding, and emergent discrete processing, the model may be a first but critical step toward a systematic neural processing account of higher cognition. (shrink)

Background In an increasingly globalized world, legal protocols related to health care that are both effective and culturally sensitive are paramount in providing excellent quality of care as well as protection for physicians tasked with decision making. Here, we analyze the current medicolegal status of brain death diagnosis with regard to end-of-life care in Japan, China, and South Korea from the perspectives of front-line health care workers. Main body Japan has legally wrestled with the concept of brain death for decades. (...) An inability to declare brain death without consent from family coupled with cultural expectations of family involvement in medical care is mirrored in other Confucian-based cultures and may complicate care for patients from these countries when traveling or working overseas. Within Japan, China, and South Korea, medicolegal shortcomings in the diagnosis of brain death act as a great source of stress for physicians and expose them to potential public and legal scorn. Here, we detail the medicolegal status of brain death diagnosis within Japan and compare it to China and South Korea to find common ground and elucidate the impact of legal ambiguity on health care workers. Conclusion The Confucian cultural foundation of multiple Asian countries raises common issues of family involvement with diagnosis and cultural considerations that must be met. Leveraging public education systems may increase awareness of brain death issues and lead to evolving laws that clarify such end-of-life issues while protecting physicians from sociocultural backlash. (shrink)

One question addressed by John Rawls in “A Theory of Justice” (1971) is that of justice between the generations. The question presents Rawls with certain difficulties which stem from the fact that in his theory, Hume’s conditions of justice are spliced together with Kant’s principle of universalisation. The question of future generations strains this construct to breaking point. But even if this problem can be solved, Rawls’s justification approach remains unsatisfactory, since he discusses intergenerational justice only under the aspect of (...) just saving. It will be shown that this approach implies a concept of weak sustainability which is not a sufficient condition for the long-term preservation of vital life-sustaining resources. (shrink)

Taking a phrase from President Clinton’s successful presidential campaign in 1992, this book could have just as easily been called It’s About Trust, Stupid. In his book, David A Shore, PhD, associate dean and founding director of the Trust Initiative at the Harvard School of Public Health, presents a convincing argument for the importance of trust in healthcare delivery.Shore is equally convincing in arguing that people have a lack of trust in the healthcare system in the United States. To make (...) this point, he cites studies showing that while many continue to trust doctors and nurses, the trust in healthcare delivery itself …. (shrink)

Molecular genetic data have greatly improved our ability to test hypotheses about human evolution. During the past decade, a large amount of nuclear and mitochondrial data have been collected from diverse human populations. Taken together, these data indicate that modern humans are a relatively young species. African populations show the largest amount of genetic diversity, and they are the most genetically divergent population. Modern human populations expanded in size first on the African continent. These findings support a recent African origin (...) of modern humans, but this conclusion should be tempered by the possible effects of factors such as gene flow, population size differences, and natural selection. BioEssays 20:126–136, 1998. © 1998 John Wiley & Sons, Inc. (shrink)

Mental representations have continuous as well as discrete, combinatorial properties. For example, while predominantly discrete, phonological representations also vary continuously; this is reflected by gradient effects in instrumental studies of speech production. Can an integrated theoretical framework address both aspects of structure? The framework we introduce here, Gradient Symbol Processing, characterizes the emergence of grammatical macrostructure from the Parallel Distributed Processing microstructure (McClelland, Rumelhart, & The PDP Research Group, 1986) of language processing. The mental representations that emerge, Distributed Symbol Systems, (...) have both combinatorial and gradient structure. They are processed through Subsymbolic Optimization–Quantization, in which an optimization process favoring representations that satisfy well-formedness constraints operates in parallel with a distributed quantization process favoring discrete symbolic structures. We apply a particular instantiation of this framework, λ-Diffusion Theory, to phonological production. Simulations of the resulting model suggest that Gradient Symbol Processing offers a way to unify accounts of grammatical competence with both discrete and continuous patterns in language performance. (shrink)

The issue of statelessness poses problems for the statist approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have (...) direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position. (shrink)

The topic of this dissertation is the concept of nature and how Kant and Hegel each conceive of it. Both agree that ‘nature’ cannot be an empirical concept but is rather presupposed in all experience and object-related thinking. Yet, Kant holds that we can only conceive of nature as a unified whole when we conceive of it as a mechanical system. Whereas, according to Hegel, the unity of all the different kinds of natural phenomena can only be accounted for by (...) means of his dialectical method. A crucial and novel point in my reading of Kant is that the concept of nature as a mechanical system is merely a regulative ideal, i.e., an imaginary end-point of science that we only approach asymptotically. It is this point that allows me to resolve long-standing puzzles in the scholarship regarding organisms and free will. For, this point allows for a coherent reading of Kant, a reading that involves that 1) we do in fact have experience of organisms and that 2) Kant’s distinctive kind of determinism is compatible with an open future. My reading of Kant furthermore provides a uniquely suited entry-point into Hegel’s dialectical account of nature, according to which not only human beings and organisms, but even solar systems do not fit the mould of a flat-footed mechanical determinism. This allows me to show that Hegel is—in several respects—both an inheritor and radicalizer of Kant. (shrink)

Uncertainty is the name of the game in philosopher Kenneth W Goodman’s attempt to apply ethics to evidence based medicine . Indeed, the book is as much about epistemology, or the study of how we learn and know about the world, as it is about ethics. Goodman’s desire is to understand what constitutes proof, or evidence, that a particular treatment is better than others. One of the ethical connections is that a failure to use such treatments is blameworthy.EBM is a (...) concept that is getting a great deal of attention these days. At least two factors drive this …. (shrink)

Astrobiology aims to determine the distribution and diversity of life in the universe. But as the word “biosignature” suggests, what will be detected is not life itself, but an observation implicating living systems. Our limited access to other worlds suggests this observation is more likely to reflect out‐of‐equilibrium gasses than a writhing octopus. Yet, anything short of a writhing octopus will raise skepticism about what has been detected. Resolving that skepticism requires a theory to delineate processes due to life and (...) those due to abiotic mechanisms. This poses an existential question for life detection: How do astrobiologists plan to detect life on exoplanets via features shared between non‐living and living systems? We argue that you cannot without an underlying theory of life. We illustrate this by analyzing the hypothetical detection of an “Earth 2.0” exoplanet. Without a theory of life, we argue the community should focus on identifying unambiguous features of life via four areas: examining life on Earth, building life in the lab, probing the solar system, and searching for technosignatures. Ultimately, we ask, what exactly do astrobiologists hope to learn by searching for life? (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

Rorty was one of the great dissolvers of dualisms, but strangely this iconoclasm ended when it came to liberal democracy. Here he held fast to the most stubborn of dualisms in political thought, a simple dichotomy of the public and the private, and used it, unsuccessfully, to resolve questions concerning the place of religion in modern democratic politics. Yet the philosophical basis of Rorty's pragmatism both undercuts two common ways of spelling out the relationship between religion and the polity in (...) liberalism and makes his use of the public/private dichotomy impossible. By means of an internal critique, I argue for a Habermasian corrective. (shrink)

(No abstract is available for this citation).

This chapter explores the different dimensions of domination, including whether it has a structural approach, its relation to race and imperialism, and how non-domination can be institutionalized and achieved at a global level.

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create (...) and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, et cetera If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe. (shrink)

The input to phonological reasoning are alternations, that is, variations in the pronunciation of related words, such as in electri[k] ‐ electri[s]‐ity. But phonologists cannot agree what counts as a relevant alternation: the issue is highly contentious despite a research record of over 50 years. We believe that the experimental setup presented may contribute to this debate based on a kind of evidence that was not brought to bear to date. Our experiment was thus designed to distinguish between alternations where (...) phonological computation plays no role, and those where it has contributed to language production. The design manipulates two factors that to date have not been considered in experimental studies of language production: linguistic complexity and alternation specificity. The former is understood as extra processing demands issued by two types of linguistic activity, morphosyntactic and phonological. Our results show that reaction time latencies are longer when participants are burdened with both morphosyntactic and phonological tasks than when they carry out just a morphosyntactic task, and they are still shorter in absence of both types of demands. These results allowed us to address alternation specificity, that is, the fact that different alternations (within a language or across languages) may be driven by different production routines (an idea that is consensual among linguists but underdeveloped in the psycholinguistic literature). Our study shows that four different alternations in French produce alternation‐specific signatures in reaction time latencies. These findings may thus redound to the advantage of psycholinguistic studies by identifying two new factors, as well as produce results that speak to the linguistic quarrels. (shrink)

It has become a truism that we humans are genetically about 99% identical to chimpanzees. The origins of this assertion are clear: among early studies of DNA sequences, nucleotide identity between humans and chimpanzees was found to average around 98.9%.1 However, this figure is correct only with respect to regions of the genome that are shared between humans and chimpanzees. Often ignored are the many parts of their genomes that are not shared. Genomic rearrangements, including insertions, deletions, translocations and duplications, (...) have long been recognized as potentially important sources of novel genomic material2,3 and are known to account for major genomic differences between humans and chimpanzees.4 Further, such changes have been implicated in a number of genetic disorders, such as DiGeorge, Angelman/Prader‐Willi and Charcot‐Marie‐Tooth syndromes5. BioEssays 28: 335–338, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

Many people share the intuition that by turning to works of literature something can be learned about the world. One way to explain the epistemic access to the world that fictional literature provides is by comparing it to thought experiments. Both? thought experiments and works of fiction? might be seen as imaginative exercises which help to find out what would or could happen if certain conditions were met. This comparison of fictional literature with thought experiments provides the point of departure (...) for the contributions in our volume. It contributes to the discussion of an approach that has quite recently entered the field of the philosophy of literature. (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)