Developmentally, adolescence sits in transition between childhood and adulthood. Involving adolescents in their medical decision-making prompts important and complex ethical questions. Originating in the UK, the concept of Gillick competence is a dominant framework for navigating adolescent medical decision-making from legal, ethical and clinical perspectives and is commonly treated as comprehensive. In this paper, we argue that its utility is far more limited, and hence over-reliance on Gillick risks undermining rather than promoting ethically appropriate adolescent involvement. We demonstrate that Gillick (...) only provides guidance in the limited range of cases where legal decisional authority needs to be clarified. The range of cases where use of Gillick actually promotes adolescent involvement is narrower still, because several features must be present for Gillick to be enacted. Each of these features can, and do, act as barriers to adolescent involvement. Within these limited situations, we argue that Gillick is not specific or strong enough and is reliant on ethically contestable principles. Moreover, in most situations in adolescent healthcare, Gillick is silent on the ethical questions around involving adolescents. This is because it focuses on decisional authority—having the final say in decision-making—which is one small subset of the many ways adolescents could be involved in decision-making. The implication of our analysis is that use of Gillick competence tends to limit or undermine adolescent involvement opportunities. We propose that those working with adolescents should be judicious in seeking Gillick’s guidance, instead drawing on and developing alternative frameworks that provide a comprehensive model for adolescent involvement. (shrink)

This paper provides a formal description of two legal domains. In addition, we describe the generation of various artificial datasets from these domains and explain the use of these datasets in previous experiments aligning learning and reasoning. These resources are made available for the further investigation of connections between arguments, cases and rules. The datasets are publicly available at https://github.com/CorSteging/LegalResources.

We argue that abduction does not work in isolation from other inference mechanisms and illustrate this through an inference scheme designed to evaluate multiple hypotheses. We use game theory to relate the abductive system to actions that produce new information. To enable evaluation of the implications of this approach we have implemented the procedures used to calculate the impact of new information in a computer model. Experiments with this model display a number of features of collective belief-revision leading to consensus-formation, (...) such as the influence of bias and prejudice. The scheme of inferential calculations invokes a Peircian concept of ‘belief’ as the propensity to choose a particular course of action. (shrink)

This article explains the design and development of the pragma-dialectical approach to fallacies. In this approach fallacies are viewed as violations of the standards for critical discussion that are expressed in a code of conduct for reasonable argumentative discourse. After the problem-solving validity in resolving differences of opinion of the rules of this code has been discussed, their conventional validity for real-life arguers is demonstrated. Starting from the extended version of the theory in which the strategic maneuvering taking place in (...) argumentative discourse is included, the article explains that the violations of the rules that are committed in the fallacies involve derailments of strategic maneuvering. This culminates in a discussion of the exploitation of hidden fallaciousness as an unreasonable way of increasing the effectiveness of argumentative discourse – a vital topic of research in present-day pragma-dialectics. (shrink)

Śiḥot maran ha-Mashgiaḥ Mohari Leṿinshṭain, zatsal -- Ḥidushe torato ʻa. Mas. B.ḳ. ṿe-liḳuṭim -- Leḳeṭ mi-maʼamraṿ mi-moreshet Daṿid Heber ṿe-ʻinyene ha-shaʻah.

Since the advent and standardization of the theatrical feature length film, the audio-visual short has been more or less marginalized in the discussions on cinematic experience. Historically stretching from the ‘early cinema’ of the vaudeville, to the now obsolete ‘little films’ of YouTube and beyond, the audio-visual short traverses a wide variety of media platforms, practices and technologies, including animation, video installation art, video clips and TV commercials, as well as animated GIFs, machinima and DIY movies, made to measure for (...) handheld devices. The widespread usage of the format suggests that short audio-visual artefacts are not an anomaly or rarity on the periphery of cinema, but rather should be put at the centre of our discussions when rethinking cinematic experience and the moving image today. Such is the request we have made to the contributors to this volume: to write a short essay on short film experience. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

The movement known as Deutsche Physik (German physics) evolved hand in hand with National Socialism. It represented a marginal but vocal group of German scientists and science scholars who profiled themselves as defenders of “Aryan” science and called for the elimination of the “Jewish spirit” that they saw as epitomized by Albert Einstein’s relativity theory and as dominating the natural sciences, even in Nazi Germany. This infamous movement is most associated with the Nobel laureate physicists Philipp Lenard and Johannes Stark, (...) who founded it and gave it its initial political impetus during the early years of the Third Reich. However, in its main and final phase, between 1937 and 1943, the movement was no longer led by Lenard and Stark but by the philosopher of science Hugo Dingler (1881–1954) and his Munich-based circle. Tracing the development of his career until 1937, this article examines how Dingler came to play this role both despite and because of the significant differences between his and the better known Lenard-Stark strand of Deutsche Physik. Special attention is paid to Dingler’s subversive use of theoretical principles—particularly his framing of his work as a radical search for certainty—to advance the movement’s antiscientific agenda. (shrink)

Unbelievable Errors defends an error theory about all normative judgements: not just moral judgements, but also judgements about reasons for action, judgements about reasons for belief, and instrumental normative judgements. This theory states that normative judgements are beliefs that ascribe normative properties, but that normative properties do not exist. It therefore entails that all normative judgements are false. -/- Bart Streumer also argues, however, that we cannot believe this error theory. This may seem to be a problem for the (...) theory. But he argues that it makes this error theory more likely to be true, since it undermines objections to the theory and it makes it harder to reject the arguments for the theory. -/- He then sketches how certain other philosophical theories can be defended in a similar way. He concludes that to make philosophical progress, we need to make a sharp distinction between a theory's truth and our ability to believe it. (shrink)

The article examines the relation between two kinds of ontological relations that hold together the building blocks of Spinoza’s metaphysics: “being in” and “affection of.” It argues that in order to speak of existence in a single sense, Spinoza equivocates on the notion of affection. On the one hand, substance is in itself in the same sense that every other existing thing is in substance. On the other hand, substance is not the affections of itself, affections of substance are not (...) related to substance in the same sense that affections of modes are related to modes, and affections of modes, which are affections of affections of substance, cannot, at least in some cases, be regarded as affections of substance. Thus, although “God is without passions,” the passions themselves exist in the same sense that God, human beings, and other modes exist, that is, in the sense that they are all in nature; but while the meaning of “being” remains the same, the meaning of “being affected,” or “feeling,” necessarily changes as the Ethics unfolds. (shrink)

We argued that formal objections to the error theory overgeneralize and therefore fail. Christine Tiefensee and Gregory Wheeler deny this. We argue that they are wrong, for two reasons. The first concerns how we should adjudicate conflicts between formal and substantive commitments. The second concerns an overlooked tension between formal objections and non-error-theoretic views. Our discussion shows that the commitments behind formal objections to the error theory, such as the dual schema, should be regarded as much more contentious than is (...) often assumed. (shrink)

Reductive realists about normative properties are often charged with being relativists: it is often argued that their view implies that when two people make conflicting normative judgements, these judgements can both be true. I argue that reductive realists can answer this charge by copying the quasi-realist moves that many expressivists make. I then argue that the remaining difference between reductive realism and expressivism is unimportant.

The reform movement in science is seemingly constructing a new moral economy of science around process and bureaucracy, in which a new scientific etiquette is emerging that prescribes the performance of reformed science as civilised, efficient and objective. Bureaucratic innovations were borne out of the reform movement that seek to prescribe specific research processes, including but not limited to preregistration and registered reports. This moral economy emerges in the form of a bureaucracy and its epistemic uniformity actively suppresses scientific plurality. (...) This paper argues that Eliasian drivers such as distinction, shame and disgust, act to pressure scientists into adopting this new etiquette. Even though the etiquette's appearance is quite new, it can be traced back to existing moral economies of science and their pursuit of efficiency and objectivity. (shrink)

What is property, and why does our species happen to have it? In The Property Species, the economist Bart Wilson explores how we acquire, perceive, and know the custom of property, and why this might be relevant to social scientists, philosophers, and legal scholars for understanding how property works in the twenty-first century.

A colorful history of utilitarianism told through the lives and ideas of Jeremy Bentham, John Stuart Mill, and its other founders In The Happiness Philosophers, Bart Schultz tells the colorful story of the lives and legacies of the founders of utilitarianism—one of the most influential yet misunderstood and maligned philosophies of the past two centuries. Best known for arguing that "it is the greatest happiness of the greatest number that is the measure of right and wrong," utilitarianism was developed (...) by the radical philosophers, critics, and social reformers William Godwin, Jeremy Bentham, John Stuart and Harriet Taylor Mill, and Henry Sidgwick. Together, they had a profound influence on nineteenth-century reforms, in areas ranging from law, politics, and economics to morals, education, and women's rights. Their work transformed life in ways we take for granted today. Bentham even advocated the decriminalization of same-sex acts, decades before the cause was taken up by other activists. As Bertrand Russell wrote about Bentham in the late 1920s, "There can be no doubt that nine-tenths of the people living in England in the latter part of last century were happier than they would have been if he had never lived." Yet in part because of its misleading name and the caricatures popularized by figures as varied as Dickens, Marx, and Foucault, utilitarianism is sometimes still dismissed as cold, calculating, inhuman, and simplistic. By revealing the fascinating human sides of the remarkable pioneers of utilitarianism, The Happiness Philosophers provides a richer understanding and appreciation of their philosophical and political perspectives—one that also helps explain why utilitarianism is experiencing a renaissance today and is again being used to tackle some of the world's most serious problems. (shrink)

This article attempts to develop further the conception of dynamics in Object-Oriented Ontology (OOO): its model of how objects develop and change. Objects are affected by relations between them, and have the potential both to produce and undergo effects, as realised in interaction with other objects. To elaborate on the change of objects in OOO, an idea is adopted from transcendental ontology. A key Hegelian question in this article is how the realisation of existing potential can produce new potential (Schelling: (...) potentialisation, going from the actual to the possible). Stated differently: how can objects change to the point of breaking their identity and generating a new object? One needs to consider that objects are nested at different levels, and that the degree of how radical change may be depends on the perspective of any given level. To address this issue, the article employs the notion of a script: a structure of nodes, each with its own subscripts. The analysis is applied and developed further through a comparative analysis of change in evolution, economics, a theory of discovery, and linguistics. The dual intention of this is to see if OOO can help us understand those phenomena, and to see in turn if those phenomena can inform the further development of OOO. (shrink)

In this special issue we will investigate, from the perspective of agricultural ethics the potential to develop a Responsible Research and Innovation approach to agriculture, and the limitations to such an enterprise. RRI is an emerging field in the European research and innovation policy context that aims to balance economic, socio-cultural and environmental aspects in innovation processes. Because technological innovations can contribute significantly to the solution of societal challenges like climate change or food security, but can also have negative societal (...) consequences, it is assumed that social and ethical aspects should be considered during the R&I process. For this reason, the emerging concept of RRI calls for ethical reflection on the nature, scope and applicability of responsibility and innovation in innovation practices in general, and the way social–ethical issues can be applied and addressed in agriculture. (shrink)

Gricean pragmatics. Saying vs. implicating ; Discourse and cooperation ; Conversational implicatures ; Generalised vs. particularised ; Cancellability ; Gricean reasoning and the pragmatics of what is said -- The standard recipe for Q-implicatures. The standard recipe ; Inference to the best explanation ; Weak implicatures and competence ; Relevance ; Conclusion -- Scalar implicatures. Horn scales and the generative view ; Implicatures and downward entailing environments ; Disjunction : exclusivity and ignorance ; Conclusion -- Psychological plausibility. Charges of psychological (...) inadequacy ; Logical complexity ; Abduction ; Incremental processing ; The intentional stance ; Alternatives ; Conclusion -- Nonce inference or defaults?. True defaults ; Strong defaultism ; Weak defaultism ; Contextualism ; Conclusion -- Intentions, alternatives, and free choice. Free choice ; Problems with the standard recipe ; Intentions first ; Free choice explained ; Comparing alternatives ; Two flavours of Q-implicature ; Conclusion -- Embedded implicatures : the problems. The problems ; Varieties of conventionalism ; Against conventionalism ; Conclusion -- Embedded implicatures : a Gricean approach. Disjunction ; Belief reports ; Factives and other presupposition inducers ; Indefinites ; Contrastive construals and lexical pragmatics ; Conclusion. (shrink)

Linguistic research has revealed several pathways of language change that may guide our understanding of the evolution of mental‐state attribution. In particular, it turns out that, in many languages, quotative verbs have been exapted for attributing a variety of mental states, including beliefs and intentions. In such languages, the literal translation of, “Betty said: ‘There will be war’”, may be used not only to quote Betty's words, but also to convey that she thought or intended there to be war. This (...) paper presents a model of the pragmatic shifts underlying this pathway, and proposes an evolutionary trajectory from quotation to the public practice of attributing beliefs and intentions, and thence to implicit belief/intention attribution. (shrink)

The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are many issues with such informed consent: people get too many consent requests to read everything, policy documents are often very long and difficult to understand and users (...) feel they do not have a real choice anyway. Furthermore, in the context of Big Data refusing consent may not prevent predicting missing data. Finally, consent is usually asked for when registering, but rarely is consent renewed. As a result, consenting once often implies consent forever. At the same time, given the rapid changes in Big Data and data analysis, consent may easily get outdated. This paper suggests expiry dates for consent, not to settle questions, but to put them on the table as a start for further discussion on this topic. Although such expiry dates may not solve all the issues of informed consent, they may be a useful tool in some situations. (shrink)

In this volume, Geurts takes discourse representation theory (DRT), and turns it into a unified account of anaphora and presupposition, which he applies not only to the standard problem cases but also to the interpretation of modal expressions, attitude reports, and proper names. The resulting theory, for all its simplicity, is without doubt the most comprehensive of its kind to date. The central idea underlying Geurts' 'binding theory' of presupposition is that anaphora is just a special case of presupposition projection. (...) But this is only one of the ways in which the concept of presupposition is taken beyond its traditional limits. Geurts shows, furthermore, that presupposition projection is crucially involved in several phenomena that are not usually viewed in presuppositional terms, such as modal subordination, de re readings of attitude reports, and rigid designation. While making his case for DRT and the binding theory, Geurts also presents an incisive analysis of what is probably still the most influential account of presupposition, viz. the satisfaction theory, demonstrating that there are fundamental problems not only with this theory but with the very framework in which it is couched. (shrink)

1. In this contribution we will discuss phenomena of language in mania within a Lacanian framework. In psychiatric descriptions manic language phenomena are mainly captured under the term flight of...

Qu’est-ce qu’un conflit religieux et comment devrait-on le définir? En quoi un tel conflit diffère-t-il des autres? Quelles sont les variables qui le désignent comme « religieux »? La définition d’un conflit en ces termes importe-t-elle? Autrement dit, que nous apprend-elle sur sa nature, ses buts, ses règles, ses procédures et ses limites et, en particulier,...

In Magnolia, a 1999 movie written and directed by then 29-year-old Paul Thomas Anderson, we follow a range of characters who all try to come to terms with the things happening to them in both the present and past. This chapter interprets the movie as making a philosophical point about meaning: how and why do people find meaning in and attribute meaning to things, even if they seem to happen for no apparent reason at all? We will analyze how both (...) the movie’s characters and all of us watching the movie, living our own lives, try to make sense of the often absurd coincidences in life. More importantly, we will ask why we feel the need to “make sense” of the things that happen to and around us and what happens when our attempts fail. How should we respond to things that simply don’t make sense, even after we have tried hard? The chapter explains how (key scenes of) the movie can be interpreted as visualizing the philosophical notion of “the absurd” and inviting us to respond to absurdities in ways already articulated by the French existentialist Albert Camus. (shrink)