Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds -- like Kelsen -- that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts (...) for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts (...) for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

© 2016 Regents of the University of California.The Review summarizes much of particle physics and cosmology. Using data from previous editions, plus 3,062 new measurements from 721 papers, we list, evaluate, and average measured properties of gauge bosons and the recently discovered Higgs boson, leptons, quarks, mesons, and baryons. We summarize searches for hypothetical particles such as supersymmetric particles, heavy bosons, axions, dark photons, etc. All the particle properties and search limits are listed in Summary Tables. We also give numerous (...) tables, figures, formulae, and reviews of topics such as Higgs Boson Physics, Supersymmetry, Grand Unified Theories, Neutrino Mixing, Dark Energy, Dark Matter, Cosmology, Particle Detectors, Colliders, Probability and Statistics. Among the 117 reviews are many that are new or heavily revised, including those on Pentaquarks and Inflation. The complete Review is published online in a journal and on the website of the Particle Data Group. The printed PDG Book contains the Summary Tables and all review articles but no longer includes the detailed tables from the Particle Listings. A Booklet with the Summary Tables and abbreviated versions of some of the review articles is also available. (shrink)

BackgroundIn the Canadian Alliance for Healthy Hearts and Minds cohort, participants underwent magnetic resonance imaging of the brain, heart, and abdomen, that generated incidental findings. The approach to managing these unexpected results remain a complex issue. Our objectives were to describe the CAHHM policy for the management of IFs, to understand the impact of disclosing IFs to healthy research participants, and to reflect on the ethical obligations of researchers in future MRI studies.MethodsBetween 2013 and 2019, 8252 participants were recruited with (...) a follow-up questionnaire administered to 909 participants at 1-year. The CAHHM policy followed a restricted approach, whereby routine feedback on IFs was not provided. Only IFs of severe structural abnormalities were reported.ResultsSevere structural abnormalities occurred in 8.3% of participants, with the highest proportions found in the brain and abdomen. The majority of participants informed of an IF reported no change in quality of life, with 3% of participants reporting that the knowledge of an IF negatively impacted their quality of life. Furthermore, 50% reported increased stress in learning about an IF, and in 95%, the discovery of an IF did not adversely impact his/her life insurance policy. Most participants would enrol in the study again and perceived the MRI scan to be beneficial, regardless of whether they were informed of IFs. While the implications of a restricted approach to IF management was perceived to be mostly positive, a degree of diagnostic misconception was present amongst participants, indicating the importance of a more thorough consent process to support participant autonomy.ConclusionThe management of IFs from research MRI scans remain a challenging issue, as participants may experience stress and a reduced quality of life when IFs are disclosed. The restricted approach to IF management in CAHHM demonstrated a fair fulfillment of the overarching ethical principles of respect for autonomy, concern for wellbeing, and justice. The approach outlined in the CAHHM policy may serve as a framework for future research studies.Clinical trial registrationhttps://clinicaltrials.gov/ct2/show/nct02220582. (shrink)

Review of Johan de Jong, The Movement of Showing: Indirect Method, Critique, and Responsibility in Derrida, Hegel, and Heidegger (New York: SUNY, 2020).

The shift in the prevailing view of alcoholism from a moral paradigm towards a biomedical paradigm is often characterized as a form of biomedicalization. We will examine and critique three reasons offered for the claim that viewing alcoholism as a disease is morally problematic. The first is that the new conceptualization of alcoholism as a chronic brain disease will lead to individualization, e.g., a too narrow focus on the individual person, excluding cultural and social dimensions of alcoholism. The second claim (...) is that biomedicalization will lead to stigmatization and discrimination for both alcoholics and people who are at risk of becoming alcoholics. The third claim is that as a result of the biomedical point of view, the autonomy and responsibility of alcoholics and possibly even persons at risk may be unjustly restricted. Our conclusion is that the claims against the biomedical conceptualization of alcoholism as a chronic brain disease are neither specific nor convincing. Not only do some of these concerns also apply to the traditional moral model; above that they are not strong enough to justify the rejection of the new biomedical model altogether. The focus in the scientific and public debate should not be on some massive “biomedicalization objection” but on the various concerns underlying what is framed in terms of the biomedicalization of alcoholism. (shrink)

The original, Dutch version of this book served in 1979 as a doctoral disserta tion in philosophy at the Free University in Amsterdam. In this preface to the - slightly revised - English translation, I wish once again to express my gratitude to my supervisors, Prof. J. van der Hoeven of the Free University and Prof. G. Nuchelmans of the University of Leiden, for their excellent and stimulating support. Professor van der Hoeven was associated with this project from the outset. (...) It was a privilege to benefit from his incisive commentaries, especially in those instances where the objective was to break through to more fundamental insights. I shall not lightly forget his friendly and heartening encouragement. I am equally grateful for my discussions with Professor Nuchelmans. I almost always tried to follow his advice, since it was based upon awesome expertness and erudition. I am happy to have found in the person of Herbert Donald Morton, Th.M., M.A., an able and enthusiastic translator. Drs. Gerben Groenewoud made the translations of a number of the Latin citations. I acknowledge permission from Routledge and Kegan Paul and the University of Toronto Press to quote from The Collected Works of John Stuart Mill. And I thank the Netherlands Organization for the Advancement of Pure Research (Z.W.O.) for fmancing this translation. (shrink)

This paper analyses the relationship between Hobbes's theory of language and his theory of science and method. It is shown that Hobbes, at least in his Computatio sive Logica (1655), deviates in some measure from the traditional (Aristotelian) model of language. In this model speech is considered to be a fairly unproblematic expression of thought, which itself is independent of language. Basing himself on a nominalist account of universals, Hobbes states that the demonstration or assertion of universal propositions presupposes speech (...) (more especially, the use of names as marks). This insight turns out to be essential for Hobbes's (rationalist) view of scientific method. (shrink)

This article tries to make a contribution to a concrete eidetic of thinking by studying the first nine years of Hegels philosophical development in perspective of the question : Which are the origins and how passed the „prehistory” of his later System ? In Tübingen Hegels thought circles round the ideal of a free, noble and happy nation, of which he means to have discovered the -alas ! - lost prototype in the greek paradise. The political and aesthetic-religious nature of (...) this ideal nation is characterized by spontaneous humanity and freedom. Bern is the period of Hegels revolt. On religious level he makes a first effort to play Jesus off against the positivity of the Churches ; on politic-ethical level his philo: ophy of alienation comes into existence. For the more and more growing sharp antithesis between Mastery and Servitude, Nature and Freedom, Freedom and History, God and Man, Hegel tries to find a solution in the glorification of a revolutionary and heroic „Sollen”. The newness of the fragments Hegel wrote in Frankfort , consists chiefly in an implicit „Logic" that manifests itself at once in Hegels analysis of a number of historic-existential phenomena. In virtue of the basic categories, which this logic contains, „the ideal of his youth reflects itself” - to use Hegels own words - in a reflexive „system”. Ideal, fundamental logic and system are, however, - each one in his own, respectively „mythical”, „logical”, „systematical" way -the transcriptions of a preceding or „a priori” interpretation of existence on the ground of fundamental desires and existential options, that can be revealed to a certain extent by an „existential psychoanalysis”. Hegels thought is rooted in the nostalgia for a terrestrial „salvation” : the union through feeling with the maternal Universe by which inner harmony and „beingwith-oneself” is reached. Some beginnings of criticism are addressed to the pre-philosophical options which are the source of inspiration of Hegels first philosophy. His desire for „Beruhigung” excludes every real Transcendent ; the Feeling of Frankfort and the Reason-Knowledge of Jena deny the existence of every Mystery, that is bigger than Man ; Hegels dialectic is an effort to conquer every tragical moment of life by human power within this world ; his analysis of love fail to appreciate the own character of human individuality and community ; Hegels triad is the résumé of a monism of thought, no real Trinity. (shrink)

The _Matter of the Mind_ addresses and illuminates the relationship between psychology and neuroscience by focusing on the topic of reduction. Written by leading philosophers in the field Discusses recent theorizing in the mind-brain sciences and reviews and weighs the evidence in favour of reductionism against the backdrop of recent important advances within psychology and the neurosciences Collects the latest work on central topics where neuroscience is now making inroads in traditional psychological terrain, such as adaptive behaviour, reward systems, consciousness, (...) and social cognition. (shrink)

Tibetan Studies. Jan Willem De Jong., Indica et Tibetica Verlag, Swisstal-Odendorf 1994, xi, 254 pp. Pb, DM64. ISBN 3 923 776 25 X.

Automated technologies and robots make decisions that cannot always be fully controlled or predicted. In addition to that, they cannot respond to punishment and blame in the ways humans do. Therefore, when automated cars harm or kill people, for example, this gives rise to concerns about responsibility-gaps and retribution-gaps. According to Sven Nyholm, however, automated cars do not pose a challenge on human responsibility, as long as humans can control them and update them. He argues that the agency exercised in (...) automated cars should be understood in terms of human–robot collaborations. This brief note focuses on the problem that arises when there are multiple people involved, but there is no obvious shared collaboration among them. Building on John Danaher’s discussion of command responsibility, it is argued that, although Nyholm might be right that autonomous cars cannot be regarded as acting on their own, independently of any human beings, worries about responsibility-gaps and retribution-gaps are still justified, because it often remains unclear how to allocate or distribute responsibility satisfactorily among the key humans involved after they have been successfully identified. (shrink)

Throughout more than two millennia philosophers adhered massively to ideal standards of scientific rationality going back ultimately to Aristotle’s Analytica posteriora . These standards got progressively shaped by and adapted to new scientific needs and tendencies. Nevertheless, a core of conditions capturing the fundamentals of what a proper science should look like remained remarkably constant all along. Call this cluster of conditions the Classical Model of Science . In this paper we will do two things. First of all, we will (...) propose a general and systematized account of the Classical Model of Science. Secondly, we will offer an analysis of the philosophical significance of this model at different historical junctures by giving an overview of the connections it has had with a number of important topics. The latter include the analytic-synthetic distinction, the axiomatic method, the hierarchical order of sciences and the status of logic as a science. Our claim is that particularly fruitful insights are gained by seeing themes such as these against the background of the Classical Model of Science. In an appendix we deal with the historiographical background of this model by considering the systematizations of Aristotle’s theory of science offered by Heinrich Scholz, and in his footsteps by Evert W. Beth. (shrink)

According to the grammar of Port-Royal it is possible to convert the noun ‘homme’ into the adjective 'humain' by adding a confused signification or connotation. Strangely enough it is stipulated that by the reversal of this process the adjective 'human' is converted into the substantive ‘humanité’ rather than the original noun ‘homme’. In this article I argue that the treatment of adjectives and substantives in the Port-Royal grammar depends strongly on the traditional Aristotelian ontology as summarized in the so-called ontological (...) square and the theory of the predicables. In connection with this it is shown that according to the Port-Royalists corresponding concrete and abstract nouns like ‘homme’ and ‘humanité’, should be in some sense equivalent. (shrink)