Computer simulations are often claimed to be opaque and thus to lack transparency. But what exactly is the opacity of simulations? This paper aims to answer that question by proposing an explication of opacity. Such an explication is needed, I argue, because the pioneering definition of opacity by P. Humphreys and a recent elaboration by Durán and Formanek are too narrow. While it is true that simulations are opaque in that they include too many computations and thus cannot be checked (...) by hand, this doesn’t exhaust what we might want to call the opacity of simulations. I thus make a fresh start with the natural idea that the opacity of a method is its disposition to resist knowledge and understanding. I draw on recent work on understanding and elaborate the idea by a systematic investigation into what type of knowledge and what type of understanding are required if opacity is to be avoided and why the required sort of understanding, in particular, is difficult to achieve. My proposal is that a method is opaque to the degree that it’s difficult for humans to know and to understand why its outcomes arise. This proposal allows for a comparison between different methods regarding opacity. It further refers to a kind of epistemic access that is important in scientific work with simulations. (shrink)

Statistical physicists assume a probability distribution over micro-states to explain thermodynamic behavior. The question of this paper is whether these probabilities are part of a best system and can thus be interpreted as Humean chances. I consider two Boltzmannian accounts of the Second Law, viz. a globalist and a localist one. In both cases, the probabilities fail to be chances because they have rivals that are roughly equally good. I conclude with the diagnosis that well-defined micro-probabilities under-estimate the robust character (...) of explanations in statistical physics. (shrink)

What is the status of a cat in a virtual reality environment? Is it a real object? Or part of a fiction? Virtual realism, as defended by D. J. Chalmers, takes it to be a virtual object that really exists, that has properties and is involved in real events. His preferred specification of virtual realism identifies the cat with a digital object. The project of this paper is to use a comparison between virtual reality environments and scientific computer simulations to (...) critically engage with Chalmers’s position. I first argue that, if it is sound, his virtual realism should also be applied to objects that figure in scientific computer simulations, e.g. to simulated galaxies. This leads to a slippery slope because it implies an unreasonable proliferation of digital objects. A philosophical analysis of scientific computer simulations suggests an alternative picture: The cat and the galaxies are parts of fictional models for which the computer provides model descriptions. This result motivates a deeper analysis of the way in which Chalmers builds up his realism. I argue that he buys realism too cheap. For instance, he does not really specify what virtual objects are supposed to be. As a result, rhetoric aside, his virtual realism isn’t far from a sort of fictionalism. (shrink)

This contribution builds on the idea of integrating truth-fulfilling entities into a truth-conditional semantics. It asks which kind of truth conditions are to be considered for statements of something being really there – as opposed to just being an intentional object. The adverbial theory of perception treats experiences, for example appearances (visual experiences), as ‘adverbially’ classified. As a further approach towards how an object is related to its appearance (being experienced visually), semantical externalism is considered. On this basis, it is (...) proposed that the notion of existence can be understood as a disposition to be experienced: y being really there is explicated as a disposition to experiences that are adverbially characterized as y-experiences. This approach helps to understand the different perspectives of the natural sciences and the arts and humanities. While the natural sciences are directed towards y, the arts and humanities primarily deal with y-experiences. (shrink)

Die Philosophie des Barockscotismus war einerseits durch die rückwärtsgewandte Anknüpfung an den mittelalterlichen Denker Johannes Duns Scotus, andererseits durch die Anknüpfung an die Entwicklung in der zeitgenössischen Scholastik, vor allem der Jesuitenscholastik, geprägt. Welche Art von Metaphysik hat diese besondere philosophiehistorische Konstellation hervorgebracht? Um diese Frage zu beantworten, analysiert die vorliegende Arbeit das Metaphysikwerk des wichtigsten Repräsentanten des frühneuzeitlichen Scotismus, Bartholomaeus Mastrius (1602-1673); sie erschließt außerdem eine Vielzahl von kaum bis gar nicht erforschten Metaphysikwerken aus der Franziskanerscholastik des 17. und (...) 18. Jahrhunderts. Das eigenartige, erstaunliche Vielfalt einschließende Profil einer in Vergessenheit geratenen philosophischen Tradition wird deutlich. Durch den Fokus auf ein philosophiehistorisches Phänomen außerhalb des Mainstreams leistet die Arbeit einen Beitrag zu einer differenzierteren Sichtweise der intellektuellen Kultur der europäischen Frühmoderne. Baroque-age Scotist philosophy was, on the one hand, characterised by recourse to the Medieval thinker John Duns Scotus and, on the other hand, by an adaptation to trends in contemporary scholasticism, first of all that of the Jesuits. What kind of metaphysics did this particular constellation within the history of philosophy produce? In order to answer this question, the present book analyses the work on metaphysics by the most important representative of early modern Scotism, Bartolomeo Mastri (1602-1673). In addition, the book investigates a multitude of scarcely or never studied works on metaphysics from the Franciscan scholastic tradition of the 17th and 18th centuries. The peculiar profile of a forgotten philosophical tradition with its astonishing plurality becomes apparent. By focusing on a phenomenon from the history of philosophy outside the mainstream, this work contributes to a more differentiated view on the intellectual culture in early modern Europe. (shrink)

Die Philosophie des Barockscotismus war einerseits durch die rückwärtsgewandte Anknüpfung an den mittelalterlichen Denker Johannes Duns Scotus, andererseits durch die Anknüpfung an die Entwicklung in der zeitgenössischen Scholastik, vor allem der Jesuitenscholastik, geprägt. Welche Art von Metaphysik hat diese besondere philosophiehistorische Konstellation hervorgebracht? Um diese Frage zu beantworten, analysiert die vorliegende Arbeit das Metaphysikwerk des wichtigsten Repräsentanten des frühneuzeitlichen Scotismus, Bartholomaeus Mastrius (1602-1673); sie erschließt außerdem eine Vielzahl von kaum bis gar nicht erforschten Metaphysikwerken aus der Franziskanerscholastik des 17. und (...) 18. Jahrhunderts. Das eigenartige, erstaunliche Vielfalt einschließende Profil einer in Vergessenheit geratenen philosophischen Tradition wird deutlich. Durch den Fokus auf ein philosophiehistorisches Phänomen außerhalb des Mainstreams leistet die Arbeit einen Beitrag zu einer differenzierteren Sichtweise der intellektuellen Kultur der europäischen Frühmoderne. Baroque-age Scotist philosophy was, on the one hand, characterised by recourse to the Medieval thinker John Duns Scotus and, on the other hand, by an adaptation to trends in contemporary scholasticism, first of all that of the Jesuits. What kind of metaphysics did this particular constellation within the history of philosophy produce? In order to answer this question, the present book analyses the work on metaphysics by the most important representative of early modern Scotism, Bartolomeo Mastri (1602-1673). In addition, the book investigates a multitude of scarcely or never studied works on metaphysics from the Franciscan scholastic tradition of the 17th and 18th centuries. The peculiar profile of a forgotten philosophical tradition with its astonishing plurality becomes apparent. By focusing on a phenomenon from the history of philosophy outside the mainstream, this work contributes to a more differentiated view on the intellectual culture in early modern Europe. (shrink)

The paper starts by exploring the negative contingencies that are associated with the core institution of capitalist societies, the labour contract: unemployment, poverty, and denial of autonomy. It argues that these are the three conditions that basic income schemes can help prevent. Next, the three major normative arguments are discussed that are raised by opponents of basic income proposals: the idle should not be rewarded, the prosperous don’t need it, and there are so many things waiting to be done in (...) the world. After demonstrating that proponents of basic income stand in no way empty-handed when facing these objections, a third part considers basic income in functional terms: would its introduction help to resolve problems of social and economic order that are unlikely to be resolved in more conventional ways? (shrink)

Nahezu jedem, der sich mit der Philosophie J. G. Fichtes eingehender befaßt hat, ist der Name des Fichteschülers K.C.F. Krause geläufig: von ihm stammt die heute gebräuchlichste Nachschrift zur WL nova methodo. Und mancher weiß zudem, dass es sich bei Krause um einen Denker handelt, dessen Philosophie im gesamten spanischsprachigen Raum, insbesondere in Südamerika, unter dem Titel »Krausismo« weite Verbreitung fand. Doch hierzulande ist - abgesehen von Vorurteilen - über Krauses Lehre so gut wie nichts bekannt. Dieser Aufsatz will jener (...) Unkenntnis anhand eines kleinen Segments der Krauseschen Philosophie - seiner Kritik der Philosophie Fichtes - entgegenwirken. (shrink)

Nahezu jedem, der sich mit der Philosophie J. G. Fichtes eingehender befaßt hat, ist der Name des Fichteschülers K.C.F. Krause geläufig: von ihm stammt die heute gebräuchlichste Nachschrift zur WL nova methodo. Und mancher weiß zudem, dass es sich bei Krause um einen Denker handelt, dessen Philosophie im gesamten spanischsprachigen Raum, insbesondere in Südamerika, unter dem Titel »Krausismo« weite Verbreitung fand. Doch hierzulande ist - abgesehen von Vorurteilen - über Krauses Lehre so gut wie nichts bekannt. Dieser Aufsatz will jener (...) Unkenntnis anhand eines kleinen Segments der Krauseschen Philosophie - seiner Kritik der Philosophie Fichtes - entgegenwirken. (shrink)

Die Lebenskunstliteratur boomt. Nicht nur in der Wissenschaft stößt sie auf zunehmendes Interesse, sondern auch und vor allem in der breiten Öffentlichkeit. Mit Fug und Recht läßt sich daher behaupten, daß sie nicht nur die jüngste Gestalt der in der zweiten Hälfte des 20. Jahrhunderts wiedererwachten Praktischen Philosophie ist, sondern auch Symptom eines verbreiteten lebensethischen Orientierungsbedürfnisses. Der Band unternimmt, was diese Situation verlangt: eine philosophisch angemessene Kritik der Lebenskunst im Sinne der Anspruchsüberführung und Grenzziehung. In Auseinandersetzung mit bestehenden Lebenskonzepten unterziehen (...) die Autoren das Lebenskunstprogramm und seine ethische Orientierungsleistung einer genauen und vor allem kritischen Analyse. Eine Einleitung führt in das Thema ein und untersucht insbesondere das Verhältnis der Lebenskunst zur klassischen Ethik, zur modernen Moralphilosophie sowie zu verschiedenen Formen der Lebensbewältigungspsychologie.. (shrink)

There were days in the 70s when studying a subject at university and participating in a cultural and social revolution seemed like one and the same thing. When you were studying something like biology there was nothing the least bit strange in the fact that `biomass' became political student slang for the mass of biology students who constantly had to be `mobilized' against the bourgeoisie's reactionary measures directed against the experimental Roskilde University, university Marxism, long student careers and other benefits (...) of the new society. And it seemed quite a matter of course that the biomass could not itself be a revolutionary subject, so it had to be mobilized from without, by the party or the `critical' avant-garde. I don't want to gloat over the romantic revolutionary naiveté of the period - plenty of others do that, although one is unlikely to understand history through irony and condemnation. But in this particular context the thought of the mobilizable mass came up again. Perhaps the very notion of masses - very generally - involves the idea that masses must be without a will of their own, or if they have one, that it is at any rate not very rational and must be given some.. (shrink)

Karl Christian Friedrich Krause left an impressive oeuvre consisting of 256 books and articles, covering numerous branches of philosophy, the humanities, and science.[1] His Urbild der Menschheit, his Vorlesungen über das System der Philosophie and his Vorlesungen über die Grundwahrheiten der Wissenschaft are of particular pertinence for philosophers today. [1] See: E. M. Ureña and E. Fuchs, “Einführung in das Gesamtwerk”, in Karl Christian Friedrich Krause. Band 1: Entwurf des Systems der Philosophie, ed. T. Bach and O. Breidbach.

Information‐theoretic complexity metrics, such as Surprisal (Hale, 2001; Levy, 2008) and Entropy Reduction (Hale, 2003), are linking hypotheses that bridge theorized expectations about sentences and observed processing difficulty in comprehension. These expectations can be viewed as syntactic derivations constrained by a grammar. However, this expectation‐based view is not limited to syntactic information alone. The present study combines structural and non‐structural information in unified models of word‐by‐word sentence processing difficulty. Using probabilistic minimalist grammars (Stabler, 1997), we extend expectation‐based models to include (...) frequency information about noun phrase animacy. Entropy reductions derived from these grammars faithfully reflect the asymmetry between subject and object relatives (Staub, 2010; Staub, Dillon, & Clifton, 2017), as well as the effect of animacy on the measured difficulty profile (Lowder & Gordon, 2012; Traxler, Morris, & Seely, 2002). Visualizing probability distributions on the remaining alternatives at particular parser states allows us to explore new, linguistically plausible interpretations for the observed processing asymmetries, including the way that expectations about the relativized argument influence the processing of particular types of relative clauses (Wagers & Pendleton, 2016). (shrink)

Der Band versammelt Beiträge, die auf dem 1. Internationalen Kongreß der Schleiermacher-Gesellschaft gehalten wurden. Sie widmen sich zum 200jährigen Jubiläum ihres Erscheinens den Reden über die Religion, Friedrich Schleiermachers frühem religionsphilosophischem Hauptwerk. Schleiermachers Reden über die Religion stehen im Spannungsfeld von Spätaufklärung und Idealismus, Theologie und Frühromantik. Die Beiträge befassen sich sowohl mit problemgeschichtlichen Fragen als auch mit theoretischen Perspektiven. Geistphilosophie, Ethik und Kulturtheorie bilden den systematischen Rahmen des Religionsbegriffs. Die thematische Vielfalt der Motive, die in den Reden anklingen, erschließt (...) sich daher nur der interdisziplinären Forschung - eine Einsicht, deren fruchtbare Ergebnisse der Kongreßband vorführt. (shrink)

As is well known, many editors, following Valckenaer, reject the bracketed line altogether; but the omission leaves the opening clause with a very unsatisfactory ending. μπρέποντας αίθέρι, heavily stressed by its position, seems to form little less than an anticlimax, unless we assume that the stars could hardly be expected to shine in the sky. On the other hand, when line 7 is added, έμπρέποντας αίθέρ στέρας brings out clearly the fact that only certain conspicuous stars or constellations are meant—those (...) which serve as guides to the operations of agriculture and navigation, such as the Pleiades, Arcturus, and Orion, as we may see from Hesiod, Op. 609 onwards. (shrink)

"Individuum und Kosmos in der Philosophie der Renaissance" (1927) schreibt ein Stück philosophischer Problemgeschichte und geht der Frage nach, "ob und inwiefern die Gedankenbewegung des 15. und 16. Jahrhunderts bei aller Mannigfaltigkeit der Problemansätze und bei aller Divergenzen der Lösungen eine in sich geschlossene Einheit bildet". Provoziert durch Burckhardts Renaissancestudie, die die Philosophie der Zeit unberücksichtigt läßt, versucht Cassirer nachzuweisen, daß auch die Renaissancephilosophie Teil einer "geistigen Gesamtbewegung" ist und eigene systematische Mittelpunkte besitzt.

7 πῖαρ Plut.: πυαρ pap.Ath. Pol.ἀνταράξας … ἐξεῖλε pap., coniecerat Gildersleeve: ἂν ταράξας ἐξέλη Plut.Solon is answering his critics. Thedemoshas never had it so good. The ‘bigger and stronger men’, μείζους καὶ βίαν ἀμείνονες, also have cause to thank him. For if anyone else had had this office, ‘he would not have restrained thedemos, nor would he have stopped, before’, etc. Plutarch introduces the lines in almost the same words.V. 7 is difficult. Bergk and others construe: ‘until, having stirred up (...) the milk, he had taken the cream’. There are two objections to this. Firstly, the word order would involve an interlacing of main and participial clauses which Greek normally eschews. Bergk claims that Solon is peculiar in the freedom of his hyperbaton, but the examples he quotes are not of this type and are very much easier. Secondly, the sense: ‘it is not usual to stir up milk when it is wanted to skim off cream’. Linforth recognised the force of this argument, and concluded, in the truth of the ancient evidence, that πῑαρ refers to butter. (shrink)

Statements such as “X is beautiful but I don’t like how it looks” or “I like how X looks but it is not beautiful” sound contradictory. How contradictory they sound might however depend on the object X and on the aesthetic adjective being used (“beautiful”, “elegant”, “dynamic”, etc.). In our study, the first sentence was estimated to be more contradictory than the latter: If we describe something as beautiful, we often intend to evaluate its appearance, whereas it is less counterintuitive (...) to appreciate an appearance without finding it beautiful. Furthermore, statements including “beautiful” appeared more contradictory than those including “elegant” and “dynamic”, pointing to its greater evaluative component. When related to artworks, sentences could appear less contradictory due to readers’ consideration of the divergence between conventional beauty and art-related sensory pleasures that can even include negative valence. Such ambivalence might be more frequent in art-objects than in other artefacts. Indeed, in our study, sentences referring to artworks were estimated to be less contradictory compared to sentences referring to other artefacts. Meanwhile, an additional small group of graphic design students showed a less clear difference between art-related and non-art-related sentences. We discuss the potential influence of art experience and interest as well as theoretical and methodological challenges like the conceptualization of beauty. (shrink)

We begin by discussing some logical constraints on the psychological approach to personal identity. We consider a problem for the psychological approach that arises in fission cases. The problem engenders the need for a non-branching clause in a psychological account of the co-personality relation. We look at some difficulties in formulating such a clause. We end by rejecting a recently proposed formulation of non-branching. Our criticism of the formulation raises some interesting questions about the individuation of person stages.

Much of the literature on "ceteris paribus" laws is based on a misguided egalitarianism about the sciences. For example, it is commonly held that the special sciences are riddled with ceteris paribus laws; from this many commentators conclude that if the special sciences are not to be accorded a second class status, it must be ceteris paribus all the way down to fundamental physics. We argue that the (purported) laws of fundamental physics are not hedged by ceteris paribus clauses and (...) provisos. Furthermore, we show that not only is there no persuasive analysis of the truth conditions for ceteris paribus laws, there is not even an acceptable account of how they are to be saved from triviality or how they are to be melded with standard scientific methodology. Our way out of this unsatisfactory situation to reject the widespread notion that the achievements and the scientific status of the special sciences must be understood in terms of ceteris paribus laws. (shrink)

Objectives— To explore British community pharmacists' views on PAS , including professional responsibility, personal beliefs, changes in law and ethical guidance.Design— Postal questionnaireSetting— Great BritainSubjects— A random sample of 320 registered full-time community pharmacistsResults— The survey yielded a response rate of 56%. The results showed that 70% of pharmacists agreed that it was a patient's right to choose to die, with 57% and 45% agreeing that it was the patient's right to involve his/her doctor in the process and to use (...) prescription medicines, respectively. Forty-nine per cent said that they would knowingly dispense a prescription for use in PAS were it to be legalised and 54% believed it correct to refuse to dispense such a prescription. Although 53% believed it to be their right to know when they were being involved in PAS, 28% did not. Most pharmacists said that they would wish to see the inclusion of a practice protocol for PAS in the code of ethics of the Royal Pharmaceutical Society of Great Britain in the event of a change in the law on PAS. In addition, 89% would wish to see PAS included in the Conscience Clause of the CE-RPSGB. Males were found to be significantly less likely to favour PAS than females , as were those declaring an ethnic/religious background of consideration when dealing with ethical issues in practice compared with their counterparts .Conclusion— Pharmacists view their professional responsibility in PAS to be more obligatory than a physician's, in having to provide the means for PAS. It is worrying that a proportion of the respondents prefer to remain in ignorance of the true purpose of a prescription for PAS; a finding at odds with current developments within the pharmaceutical profession. A practice protocol for PAS and an extension of the conscience clause should be considered in the event of PAS becoming legal. Such measures would allow the efficient provision of the pharmaceutical service whilst at the same respecting the personal beliefs of those who object to cooperating in the ending of a life. (shrink)

In many jurisdictions, legal frameworks afford patients the opportunity to make prospective medical decisions or to create directives that contain a special provision forfeiting their own ability to object to those decisions at a future time point, should they lose decision‐making capacity. These agreements have been described with widely varying nomenclatures, including Ulysses Contracts, Odysseus Transfers, Psychiatric Advance Directives with Ulysses Clauses, and Powers of Attorney with Special Provisions. As a consequence of this terminological heterogeneity, it is challenging for healthcare (...) providers to understand the terms and uses of these agreements and for ethicists to engage with the nuances of clinical decision‐making with such unique provisions surrounding patient autonomy. In theory, prospective self‐binding agreements may safeguard patient's “authentic” wishes from future “inauthentic” changes of mind. In practice, it is unclear what may be comprised within these agreements or how—and to what effect—they are used. The primary focus of this integrative review is to curate the existing literature describing Ulysses Contracts (and analogous decisions) used in the clinical arena, in order to empirically synthesize their shared essence and provide insights into the traditional components of these agreements when used in practice, the requirements of their consent processes, and the outcomes of their utilization. (shrink)

Plutarch concludes his chapter on the Rhetra with six lines of Tyrtaios: φοβου κοςσαντες Πυθωνθεν οκαδ' νεικαν1 μαντεας τε θεο κα τελεντ' πεα ρχειν μν βουλῦς θεοτιμτους βασιλας οσι μλει Σπρτας μερεσσα πλις πρεσβτας τε γροντας, πειτα δ δημτας νδρας πθεαις τραις ντααπαμειβομνους. These lines are quoted to confirm Plutarch's statement, that the Kings who added the last clause to the Rhetra ‘persuaded the city [to accept this addition] on the grounds that it was part of the God's command'. On (...) Plutarch's view, the two Kings added an extra clause to an oracle, and justified their action by alleging that Delphi had authorized the clause. It is not immediately obvious how Tyrtaios’ lines confirm this view. The Delphic utterance whose substance is given in lines 3–6 approximately paraphrases parts of Clauses I and I I, but where is Clause III? The burden has to be borne by the one word εθεαις: ‘the Kings and gerontes shall initiate business, the demos shall reply with undistorted rhetrai’ or ‘shall respond to the rhetrai without distorting them’. If εθεαις is given enough weight, the oracle which Tyrtaios quotes may be held to forbid the ‘excessive amendment’ against which Clause III was aimed. (shrink)

The model-theoretic analysis of the concept of logical consequence has come under heavy criticism in the last couple of decades. The present work looks at an alternative approach to logical consequence where the notion of inference takes center stage. Formally, the model-theoretic framework is exchanged for a proof-theoretic framework. It is argued that contrary to the traditional view, proof-theoretic semantics is not revisionary, and should rather be seen as a formal semantics that can supplement model-theory. Specifically, there are formal resources (...) to provide a proof-theoretic semantics for both intuitionistic and classical logic. We develop a new perspective on proof-theoretic harmony for logical constants which incorporates elements from the substructural era of proof-theory. We show that there is a semantic lacuna in the traditional accounts of harmony. A new theory of how inference rules determine the semantic content of logical constants is developed. The theory weds proof-theoretic and model-theoretic semantics by showing how proof-theoretic rules can induce truth-conditional clauses in Boolean and many-valued settings. It is argued that such a new approach to how rules determine meaning will ultimately assist our understanding of the apriori nature of logic. (shrink)

This note adduces three passages in Seneca the Elder to reinforce a demonstration in CQ 69, 793–8001 that the text of Plin. HN 7.117 has suffered corruption in one of its clauses and requires emendation to restore Pliny's intent. This additional evidence concerns a trope employed by declaimers which could have predisposed a scribe to alter Pliny's text to state that Cicero proscribed Mark Antony. Such a statement has no place in a list of achievements that otherwise all belong to (...) Cicero's consulship twenty years earlier in 63 b.c. (shrink)

The Spartan Rhetra quoted by Plutarch in Lyc. vi. 2 consists of some thirty-seven words in an archaic Dorian or near-Dorian dialect: Plutarch says it was an oracle, and that later an extra clause was added by the kings Polydoros and Theopompos; he quotes this ‘added clause’ in vi. 8. I believe this Rhetra was not an oracle but an act of the Spartan Ekklesia; and I suspect that the ‘added clause’ was not added, but is an integral part of (...) the original act. But for our first objective this opinion matters less than Plutarch's opinion. Our first objective must be to recover Plutarch's text : and to do that, we must understand his interpretation. (shrink)

The dynamic nature and increasing complexity of the construction industry have led to increased conflicts in construction projects. An accurate prediction of the outcome of a dispute resolution in courts could effectively reduce the number of disputes that would otherwise conclude by spending more money through litigation. This study aims to introduce a two-layered fuzzy logic model for predicting court decisions in construction contract disputes. 100 cases of construction contract disputes are selected from the courts of Iran. A questionnaire survey (...) is then conducted to extract a set of fuzzy rules for identifying important decision parameters and expert knowledge. Accordingly, a two-layered fuzzy logic-based decision-making architecture is proposed for the prediction model. Furthermore, the fuzzy system is trained based on 10-fold cross-validation. Analysis of results indicates that 51 out of the 100 cases are filed after the dissolution and termination of the contract show a significant impact of these clauses as the root cause in construction contract disputes. Our results present a proposed hierarchical fuzzy system that can correctly predict nearly 60% of the test data. Also, we demonstrate a methodology of using argument before ML to establish interpretable AI models. Based on our findings, a fuzzy model with a hierarchical structure may be used as a simple and efficient method for predicting court decisions in construction contract disputes. (shrink)

Plutarch concludes his chapter on the Rhetra with six lines of Tyrtaios: φοβου κοςσαντες Πυθωνθεν οκαδ' νεικαν1 μαντεας τε θεο κα τελεντ' πεα ρχειν μν βουλῦς θεοτιμτους βασιλας οσι μλει Σπρτας μερεσσα πλις πρεσβτας τε γροντας, πειτα δ δημτας νδρας πθεαις τραις ντααπαμειβομνους. These lines are quoted to confirm Plutarch's statement, that the Kings who added the last clause to the Rhetra ‘persuaded the city [to accept this addition] on the grounds that it was part of the God's command'. On (...) Plutarch's view, the two Kings added an extra clause to an oracle, and justified their action by alleging that Delphi had authorized the clause. It is not immediately obvious how Tyrtaios’ lines confirm this view. The Delphic utterance whose substance is given in lines 3–6 approximately paraphrases parts of Clauses I and I I , but where is Clause III ? The burden has to be borne by the one word εθεαις: ‘the Kings and gerontes shall initiate business, the demos shall reply with undistorted rhetrai’ or ‘shall respond to the rhetrai without distorting them’ . If εθεαις is given enough weight, the oracle which Tyrtaios quotes may be held to forbid the ‘excessive amendment’ against which Clause III was aimed. (shrink)

Emergency hormonal contraception (EHC) has been available from pharmacies in the UK without prescription for 11 years. In the Republic of Ireland this service was made available in 2011. In both jurisdictions the respective regulators have included ‘conscience clauses’, which allow pharmacists to opt out of providing EHC on religious or moral grounds providing certain criteria are met. In effect, conscientious objectors must refer patients to other providers who are willing to supply these medicines. Inclusion of such clauses leads to (...) a cycle of cognitive dissonance on behalf of both parties. Objectors convince themselves of the existence of a moral difference between supply of EHC and referral to another supplier, while the regulators must feign satisfaction that a form of regulation lacking universality will not lead to adverse consequences in the long term. We contend that whichever of these two parties truly believes in that which they purport to must act to end this unsatisfactory status quo. Either the regulators must compel all pharmacists to dispense emergency contraception to all suitable patients who request it, or a pharmacist must refuse either to supply EHC or to refer the patient to an alternative supplier and challenge any subsequent sanctions imposed by their regulator. (shrink)

Mandarin Chinese exhibits two paradigms of conditionals with indefinite wh-words that have the semantics of donkey sentences, represented by ‘bare conditionals’ on the one hand and ruguo- and dou-conditionals on the other. The bare conditionals require multiple occurrences of wh-words, disallowing the use of overt or covert anaphoric elements in the consequent clause, whereas the ruguo- and dou-conditionals present a completely opposite pattern. We argue that the bare conditionals are cases of unselective binding par excellence (Heim 1982, Kamp 1981) while (...) the ruguo- and dou-conditionals are most naturally accounted for with the traditional E-type pronoun strategy of Evans (1980). We thus argue partly for a return to the E-type strategy (along with Heim 1990) but maintain the need for unselective binding in UG (cf. Kratzer 1989, Chierchia 1992). It is further shown that these two paradigms do not differ with respect to the proportion problem and the distribution of symmetric and asymmetric readings of Kadmon (1987), though they differ with respect to ∀ and ∃ readings (discussed in Chierchia 1992) in a non-trivial way that provides further support for the proposed approach. Finally, evidence is given that the bare conditionals should be kept apart from correlative constructions in languages like Hindi, and treated differently from the latter. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Secular Government, Religious People by Ira C. Lupu and Robert W. TuttleJoshua T. MauldinSecular Government, Religious People Ira C. Lupu and Robert W. Tuttle grand rapids, mi: eerdmans, 2014. 279 pp. $25.00.In Secular Government, Religious People, Ira C. Lupu and Robert W. Tuttle provide a structuralist account of the Establishment Clause and suggest that their conception of the secular character of government resonates with the dominant strand of (...) First Amendment jurisprudence. On their view, the religion clauses are not only about the religious rights of persons; the Establishment Clause is primarily about the character of government itself. That character is secular, meaning that the government is “constitutionally disabled” from settling “ecclesiastical questions.” These include not only obviously theological questions about the nature of God or true religion but also seemingly more mundane matters such as “Who is fit to be a minister?” or “Which faction of a fractured religious congregation is closer to the beliefs of the congregation’s charter members?”The problem with judicial attempts to engage such questions became increasingly evident in the development of legal doctrine throughout the nineteenth and twentieth centuries, and one of the primary values of this book is its clear account of this history. One example is the “iconic” Supreme Court decision in the 1971 case of Lemon v. Kurtzman, which included an important rule against “excessive entanglement” between the state and religious groups, based on the Establishment Clause. For Lupu and Tuttle, this ruling is paradigmatic of their structuralist argument for nonestablishment. If the Establishment Clause requires that government be secular, then the government may not claim divine authority or establish a covenant with God or engage in acts of worship. The government may, nevertheless, acknowledge the religious character of its people; the religious freedom of the people is protected by the secular character of government in that a sphere of society is reserved for religious practice and thereby protected from governmental intrusion. While religious persons might actually prefer that government “interfere” in the religious sphere for various reasons, and might even view the government’s failure to do so as an assault on religious freedom, it is precisely the noninterference of government in religious matters that protects religious freedom.The book involves both a descriptive analysis of the development of American law and a normative argument for a particular legal philosophy. Tuttle and Lupu argue that it is best when government is secular, and they suggest that this is a basic assumption of mainstream American law, both in its origins and later [End Page 213] trajectory. Some will question the sharp distinction drawn between “government” and “people.” In a democratic society, is there a clear line between the people and the government as representative of the people’s will? Furthermore, one wonders whether the kind of American “civil religion” that Robert Bellah famously analyzed in the 1960s, and against which Tuttle and Lupu inveigh, is simply here to stay. American presidents continue to invoke God in public speeches, and many citizens believe that the United States itself is in a covenant with God. Tuttle and Lupu worry that any appeal to such a covenant leads to the “totalitarian” identification of political and divine authority. But the covenant with God could just as easily lead to a critique of political authority as to a reinforcement of it. As Abraham Lincoln declared in a legendary piece of American political theology, “The Almighty has his own purposes.” For Tuttle and Lupu, this kind of civil religion is both unconstitutional and bad public policy. But one wonders whether we could ever really eradicate it, and even if we could, whether it would be wise to do so.Joshua T. MauldinCenter of Theological InquiryCopyright © 2016 Society of Christian Ethics... (shrink)

The United States recognized intellectual property rights from its earliest days and included, in its constitution, a clause which expresses this, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." These few words found in Article 1, Section 8, Clause 8 have grown into a massive body of laws that govern works that were unimaginable to Thomas Jefferson and his contemporaries. Our question (...) today is very simple: is the latest metamorphosis of copyright law, the Digital Millennial Copyright Act of 1998, prudent policy? Specifically, we are concerned with three issues which critics have raised regarding this act: chilling effects on fair use, suppression of innovation, and overreach. We will also touch on the criticism which stresses that the DMCA further expands a system which increasingly and unfairly favors the content industries. This will be limited to illustrating extant tensions between copyright owners and society and also the difficulties law faces in keeping pace with the current, rapid and overwhelming technological and cultural change. We rely primarily on leading cases to establish the impact on fair use and innovation or to demonstrate over reach. (shrink)

Laws of nature are properly (if controversially) conceived as abstract entities playing a governing role in the physical universe. Dispositionalists typically hold that laws of nature are not real, or at least are not fundamental, and that regularities in the physical universe are grounded in the causal powers of objects. By contrast, I argue that dispositionalism implies nomic realism: since at least some dispositions have ceteris paribus clauses incorporating uninstantiated universals, and these ceteris paribus clauses help to determine their dispositions' (...) ranges of manifestation, there are indeed abstracta which play a governing role in the physical universe. After addressing several objections (including the objection that such ‘laws’ lack sufficient independence/externality from the dispositions to count as genuinely governing), I go on to consider some broader implications of this conclusion for other debates in metaphysics and the philosophy of science.1. (shrink)

This chapter contains sections titled: Reason 1: It's a Lie, and Lying is Wrong Reason 2: Santa Doesn't Have Your Best Interests in Mind Reason 3: The Damage to Credulity Having Faith in Santa Cut It Out, Wrap It Up.

A common view is that ceteris paribus clauses render lawlike statements vacuous, unless such clauses can be explicitly reformulated as antecedents of ?real? laws that face no counterinstances. But such reformulations are rare; and they are not, we argue, to be expected in general. So we defend an alternative sufficient condition for the non-vacuity of ceteris paribus laws: roughly, any counterinstance of the law must be independently explicable, in a sense we make explicit. Ceteris paribus laws will carry a plethora (...) of explanatory commitments; and claims that such commitments are satisfied will be as (dis) confirmable as other empirical claims. (shrink)

We model the conventional meaning of utterances that combine two distinct clause types: a (positive) declarative or imperative (in rare cases, interrogative) anchor and a (negative) interrogative tag, such as won’t you?. We argue that such utterances express a single speech act, and in fact, a single conventional update of the conversational scoreboard. The proposed model of this effect is a straightforward extension of prior proposals for the semantics of declaratives, imperatives, and preposed-negation interrogatives. Ours is the first unified account (...) of these phenomena that addresses the sentential force of these utterances and outlines how the speech act effects arise from the scoreboard update and contextual factors. We enrich the conversational scoreboard, interpreted as a model of sentential force, to include graded commitments and non-at-issue meanings. A consequence of our model is that modified utterances can create “blended” speech acts which share some, but not all, properties with the unmodified utterances. The proposal has implications for models of other utterance modifiers, as well as for negative interrogatives and negation in general, and for imperative/jussive constructions. (shrink)