One problem of interpreting research on subconscious processing is the possibility that participants are weakly conscious of the stimuli. Here, we compared the fMRI BOLD response in healthy adults to clearly visible single letters with the response to letters presented in the absence of any behavioural evidence of visibility . No letter catch trials served as a control condition. Forced-choice responses did not differ from chance when letter-to-background contrast was low, whereas they were almost 100% correct when contrast was high. (...) A comparison of fMRI BOLD signals for supraliminal and subliminal letters with the control trials revealed a signal increase in left BA 37 . Comparison of supraliminal with subliminal letters showed a significant increase in the right inferior frontal gyrus . Finally, a comparison of subliminal with supraliminal letters showed increases in the left middle temporal gyrus and the right extrastriate cortex. (shrink)

Kripke presented one of the most inuential modal arguments against psycho-physical identities. His argument as exemplified by the identity of pain and its respective neural correlates will be analysed in detail. It shall be argued that his reasoning relies on an implausible conception of introspection implying an implausible conception of mental phenomena such as pain. His account does not consider possible interaction of pain and attention as well as the interaction of pain with other psychological factors. Theoretical and empirical evidences (...) for a diferent account of pain, which represent a challenge for Kripke's argument, will be discussed. (shrink)

Current theories of emotion have often excluded emotional feeling from the core of emotion, thereby associating emotional feeling with high order processing. In contrast, we characterize emotional feeling as a basic process that is fundamentally involved in emotional processing. Emotional feeling is further described by the phenomenal features of unity and qualitativeness. Based on recent imaging data, we assume that neural activity in the anterior cortical midline structures is crucial for constituting emotional feeling. The phenomenal feature of unity could be (...) reflected in the connectivity pattern of the aCMS. What phenomenally is described as qualitativeness may correspond to what is psychologically termed valence. (shrink)

One of the major issues in the current research on virtual reality is how to induce the feeling of reality in the experiencing subject. In this sense the phenomenon of phantom sensations appears to be a paradigmatic case of VR. However, in contrast to the artificially induced VR experience, phantom sensations are linked to the strong feeling of their reality. Therefore, we characterise the subjective experience of phantom sensations by superpresence, as opposed to the artificially induced VR experience characterised by (...) telepresence. Our hypothesis is that this phenomenological difference originates in the fact that phantom sensations represent a case of unmediated VR. This unmediated VR experience is essentially different from any technologically induced VR because it can be traced back to the epistemic abilities and limitations of the brain itself. (shrink)

_Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation__ “Chemerinsky... offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises—and if it could, no one would want what it is selling.”—David Cole, _New York Review of Books__ Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now (...) a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology. (shrink)

Clinical ethics consultation service remains undeveloped in developing countries. It is recognised that its introduction poses challenges. Malaysia, a multicultural society with diverse religions, values and perceptions further complicate the introduction of formal clinical ethics consultation service. Clinicians attending a national congress workshop completed a Strengths–Weaknesses–Opportunities–Threats analysis. The aim was to gain insight into clinician’s expectations and promote initiatives leading to the introduction of clinical ethics consultation service. Clinicians agree that clinical ethics consultation service can improve quality of care, reduce (...) healthcare costs and advocate for patients and providers. The analysis highlighted constraints in sufficient critical mass of relevant expertise and restricted opportunities for training. The opportunities lie in education, curriculum development and availability of dedicated proponents. Cultural barriers, limited resources, lack of awareness, differenc... (shrink)

The European Union is working towards harmonizing legislation across Europe, in order to improve cross-border interchange of legal information. This goal is supported for instance via standards such as the European Law Identifier and the European Case Law Identifier, which provide technical specifications for Web identifiers and suggestions for vocabularies to be used to describe metadata pertaining to legal documents in a machine readable format. Notably, these ECLI and ELI metadata standards adhere to the RDF data format which forms the (...) basis of Linked Data, and therefore have the potential to form a basis for a pan-European legal Knowledge Graph. Unfortunately, to date said specifications have only been partially adopted by EU member states. In this paper we describe a methodology to transform the existing legal information system used in Austria to such a legal knowledge graph covering different steps from modeling national specific aspects, to population, and finally the integration of legal data from other countries through linked data. We demonstrate the usefulness of this approach by exemplifying practical use cases from legal information search, which are not possible in an automated fashion so far. (shrink)

Though the brain and its neuronal states have been investigated extensively, the neural correlates of mental states remain to be determined. Since mental states are experienced in first-person perspective and neuronal states are observed in third-person perspective, a special method must be developed for linking both states and their respective perspectives. We suggest that such method is provided by First-Person Neuroscience. What is First-Person Neuroscience? We define First-Person Neuroscience as investigation of neuronal states under guidance of and on orientation to (...) mental states. An empirical example of such methodological approach is demonstrated by an fMRI study on emotions. It is shown that third- and first-person analysis of data yield different results. First-person analysis reveals neural activity in cortical midline structures during subjective emotional experience. Based on these and other results neural processing in cortical midline structures is hypothesized to be crucially involved in generating mental states. Such direct linkage between first- and third-person approaches to analysis of neural data allows insight into the "point of view from within the brain", that is what we call the First-Brain Perspective. In conclusion, First-Person Neuroscience and First-Brain Perspective provide valuable methodological tools for revealing the neuronal correlate of mental states. (shrink)

The article examines the legal status of living wills and health care proxies in Germany, the United States and Japan. The investigation begins with the question of what protection these three legal orders provide for the right to self-determination. Whereas in Germany and the United States, legislation and legal practice take the theory of informed consent very seriously, the doctor-patient relationship in Japan is much less oriented toward the idea of patient autonomy. This basic attitude is reflected in the legal (...) disposition given advance directives. In the USA, most of the individual states have legislation on the living will and health care proxies. In Germany, the judiciary and scholarly literature at least carefully affirm that they are legally binding. In Japan, at least currently, there is nothing at all similar to this approach. The authors then conduct a micro-legal comparison of cases of first impression decided in the USA and Germany and emphasize the amazing similarity of the judicial decisions in two cases . Finally, the question is raised for German law of whether, and in what form, further legislative development of the judicially established right to die appears reasonable. Der vorliegende Beitrag untersucht den rechtlichen Stellenwert von living wills und health care proxies in Deutschland, in den USA und in Japan. Ausgangspunkt der Untersuchung ist die Frage, welchen Schutz das Selbstbestimmungsrecht in den erwähnten Rechtsordnungen genießt. Während in Deutschland und in den USA Gesetzgebung und Rechtspraxis die Theorie vom informed consent sehr ernst nehmen, ist das Arzt-Patienten-Verhältnis in Japan weit weniger vom Gedanken der Autonomie des Patienten bestimmt. Diese Basiswertung schlägt auch im Bereich der rechtlichen Beurteilung von advance directives durch. In den USA sind living will und health care proxy in den meisten Einzelstaaten gesetzlich geregelt, in Deutschland wird ihre rechtliche Verbindlichkeit von Judikatur und Literatur zumindest vorsichtig bejaht. In Japan fehlen - zumindest derzeit - entsprechende Ansätze noch gänzlich.Die Verfasser stellen sodann einen Mikrorechtsvergleich zwischen den in den USA und in Deutschland entschiedenen cases of first impression an und betonen den erstaunlichen Gleichklang der rechtlichen Beurteilung dieser beiden Fälle .Schließlich wird für deutsches Recht die Frage gestellt, ob - und in welcher Form - eine legislative Weiterentwicklung des judiziell bereits etablierten right to die angemessen erschiene. (shrink)

Wissen wir, wer oder was unseren Lebensgang bestimmt? Wissen wir überhaupt, was in uns und ausserhalb von uns abläuft? Das einzig Gewisse ist unser Tod, doch was hilft die Gewissheit unseres Todes, wenn ungewiss bleibt, wann er kommt? Unsere Bedürfnisse kennen wir, aber wo sind die Grenzen der Befriedigung? Wenn unsicher geworden ist, wer oder was das bestimmt, was faktisch geschieht, wenn die Welt uns körperlich und seelisch bedrängt und die einzige Gewissheit in der Zukunft unser Tod ist, wenn uns (...) unsere Bedürfnisse und die Grenzen ihrer Befriedigung unklar geworden sind, dann hilft nichts mehr als das Nachdenken – das Nachdenken über unsere Natur und ihren Platz in der Welt, über die Hierarchie unserer Bedürfnisse, darüber, wie wir das Gelingen unseres Lebens mit Vernunft und Gerechtigkeit in Einklang bringen. Kurz, es hilft nichts als der Epikureismus. ********** Do we know who or what determines the course of our lives? Do we even know what is going on inside and outside of us? The only certain thing is our death, but what good is the certainty of our death if it remains uncertain when it will come? We know our needs, but where are the limits to their fulfilment? When it has become uncertain who or what determines what actually happens, when the world oppresses us physically and emotionally and the only certainty in the future is our death, when our needs and the limits of their fulfilment have become unclear to us, then nothing helps more than reflection - reflection on our nature and its place in the world, thinking about the hierarchy of our needs, about how we can harmonise the success of our lives with reason and justice. In short, nothing helps but Epicureanism. (shrink)

Objections arise to the concept of artistic intention based upon the psychology of a period. Here too we experience trends or volitions which can only be explained by precisely those artistic creations which in their own turn demand an explanation on the basis of these trends and volitions. Thus "Gothic" man or the "primitive" from whose alleged existence we wish to explain a particular artistic product is in truth the hypostatized impression which has been culled from the works of art (...) themselves. Or it is a question of intentions and evaluations which have become conscious as they find their formulation in the contemporary theory of art or in contemporary art criticism. Thus these formulations, just like the individual theoretical statements of the artists themselves, can once more only be phenomena parallel to the artistic products of the epoch; they cannot already contain their interpretation. Here again this parallel phenomenon would, in its entirety, represent an extraordinarily interesting object of humanistic investigation, but it would be incapable of defining in detail a methodologically comprehensible volition. So, too, the view of art which accompanies a period's artistic output can express the artistic volition of the period in itself but cannot put a name to it for us. This view can be of eminent significance when we are seeking a logical explanation for the perception of tendencies dominating at a given time and thus also for the judgment of artistic volition at that time, which must also be interpreted.Erwin Panofsky, the renowned art historian, was professor at the Institute for Advanced Study, Princeton University, until his death in 1968. Among his many books and articles are Meaning in the Visual Arts, Early Netherlandish Painting, and Renaissance and Renascenes in Western Art. Kenneth Northcott is professor of German and comparative literature at the University of Chicago and the translator of Arnold Hauser's Sociology of Art . Joel Snyder is chairman of the committee on general studies in the humanities at the University of Chicago. (shrink)