Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and (...) problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll. (shrink)

In the past decade, policy-makers in science have been concerned with harmonizing research integrity standards across Europe. These standards are encapsulated in the European Code of Conduct for Research Integrity. Yet, almost every European country today has its own national-level code of conduct for research integrity. In this study we document in detail how national-level codes diverge on almost all aspects concerning research integrity – except for what constitutes egregious misconduct. Besides allowing for potentially unfair responses to joint misconduct by (...) international collaborations, we argue that the divergences raise questions about the envisaged self-regulatory function of the codes of conduct. (shrink)

Some of the most significant policy responses to cases of fraudulent and questionable conduct by scientists have been to strengthen professionalism among scientists, whether by codes of conduct, integrity boards, or mandatory research integrity training programs. Yet there has been little systematic discussion about what professionalism in scientific research should mean. In this paper I draw on the sociology of the professions and on data comparing codes of conduct in science to those in the professions, in order to examine what (...) precisely the model of professionalism implies for scientific research. I argue that professionalism, more than any other single organizational logic, is appropriate for scientific research, and that codes of conduct for scientists should strengthen statements concerning scientific autonomy and competence, as well as the scientific service ideal. (shrink)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo cristatus, (...) I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

Biologists explain organisms’ behavior not only as having been programmed by genes and shaped by natural selection, but also as the result of an organism’s agency: the capacity to react to environmental changes in goal-driven ways. The use of such ‘agential explanations’ reopens old questions about how justified it is to ascribe agency to entities like bacteria or plants that obviously lack rationality and even a nervous system. Is organismic agency genuinely ‘real’ or is it just a useful fiction? In (...) this paper we focus on two questions: whether agential explanations are to be interpreted ontically, and whether they can be reduced to non-agential explanations (thereby dispensing with agency). The Kantian approach we identify interprets agential explanations non-ontically, yet holds agency to be indispensable. Attributing agency to organisms is not to be taken literally in the way we attribute physical properties such as mass or acceleration, but nor is it a mere heuristic or predictive tool. Rather, it is an inevitable consequence of our own rational capacity: as long as we are rational agents ourselves, we cannot avoid seeing agency in organisms. (shrink)

Codes of ethics currently offer no guidance to scientists acting in capacity of expert. Yet communicating their expertise is one of the most important activities of scientists. Here I argue that expert communication has a specifically ethical dimension, and that experts must face a fundamental trade-off between "actionability" and "transparency" when communicating. Some recommendations for expert communication are suggested.

Distrust in scientific experts can be surprisingly stubborn, persisting despite evidence supporting the experts’ views, demonstrations of their competence, or displays of good will. This stubborn distrust is often viewed as a manifestation of irrationality. By contrast, this article proposes a logic of “status distrust”: low-status individuals are objectively vulnerable to collective decision-making, and can justifiably distrust high-status scientific experts if they are not confident that the experts do not have their best interests at heart. In phenomena of status distrust, (...) social status is thus an indicator of distrust, and this has wider implications for the literatures on trust in science and on expert communication. (shrink)

The dominant view on the ethics of cognitive enhancement (CE) is that CE is beholden to the principle of autonomy. However, this principle does not seem to reflect commonly held ethical judgments about enhancement. Is the principle of autonomy at fault, or should common judgments be adjusted? Here I argue for the first, and show how common judgments can be justified as based on a principle of service.

The dominant view today on evolutionary progress is that it has been thoroughly debunked. Even value-neutral progress concepts are seen to lack important theoretical underpinnings: natural selection provides no rationale for progress, and natural selection need not even be invoked to explain large-scale evolutionary trends. In this paper I challenge this view by analysing how natural selection acts in heterogeneous environments. This not only undermines key debunking arguments, but also provides a selectionist rationale for a pattern of “evolutionary unfolding”, where (...) life radiates across an increased range of exploitation of environmental heterogeneity. (shrink)

We propose that measures of information integration can be more straightforwardly interpreted as measures of agency rather than of consciousness. This may be useful to the goals of consciousness research, given how agency and consciousness are “duals” in many (although not all) respects.

The success of precision medicine depends on obtaining large amounts of information about at-risk populations. However, getting consent is often difficult. Why? In this commentary I point to the differentials in social status involved. These differentials are inevitable once personal information is surrendered, but are particularly intense when the studied populations are socioeconomically or socioculturally disadvantaged and/or ethnically stigmatized groups. I suggest how the deep distrust of the latter groups can be partially justified as a lack of confidence that their (...) core values or interests will sufficiently be taken into account. Hence, the ethical challenge here lies not in avoiding status differentials, but in dealing with them appropriately. Scientists should not assume trust from others but adopt a norm of “demonstrating trustworthiness”. (shrink)

Der Begriff »Race«, aus den universitären Kulturwissenschaften stammend, will unbewusste Rassifizierungsprozesse beschreiben, die wir unweigerlich vornähmen und denen wir zugleich ausgesetzt seien. Der vorliegende Beitrag will diesen Begriff für Psychoanalyse und Psychotherapie fruchtbar machen. Zwei Fallvignetten illustrieren, welche Fallstricke für Psychoanalytiker und Patienten bereit lägen, wenn »Race« in Übertragung und Gegenübertragung verleugnet werden müsse. Tauchen negativ konnotierte »racial« Phantasien auf, könne die Angst, rassistisch zu denken oder zu agieren, zum Stillstand und sogar Scheitern einer Behandlung führen. Da rassifizierte Projektionen nach (...) Ansicht der Autorin unvermeidbar seien, sieht sie die Entstehung des Gefühls einer »racial Melancholia« als Möglichkeit, dem drohenden Stillstand entgegenzuwirken. (shrink)

Social media has invaded our private, professional, and public lives. While corporations continue to portray social media as a celebration of self-expression and freedom, public opinion, by contrast, seems to have decidedly turned against social media. Yet we continue to use it just the same. What is social media, and how should we live with it? Is it the promise of a happier and more interconnected humanity, or a vehicle for toxic self-promotion? In this essay I examine the very structure (...) of social media communications in order to sketch how we should engage with social media. Social media communications are, I argue, a public communication of private content. This allows connections to be made with others in ways that would not otherwise be possible; however, it also submits the private to a status competition, which in turn is linked to mental health challenges. A ‘virtuous’ engagement with social media means being aware of these dynamics, and choosing to subordinate social media to other, more important goods. (shrink)

It is a little understood fact that the system of formal logic presented in Wittgenstein?s Tractatusprovides the basis for an alternative general semantics for a predicate calculus that is consistent and coherent, essentially independent of the metaphysics of logical atomism, and philosophically illuminating in its own right. The purpose of this paper is threefold: to describe the general characteristics of a Tractarian-style semantics, to defend the Tractatus system against the charge of expressive incompleteness as levelled by Robert Fogelin, and to (...) give a semantics for a formal language that is the Tractarian equivalent of a first-order predicate calculus. Of note in regard to the latter is the fact that a Tractatusstyle truth-definition makes no appeal to the technical trick of defining truth in terms of the satisfaction of predicates by infinite sequences of objects, yet is materially equivalent to the usual Tarski-style truth-definitions. (shrink)

The integration of standardized biomedical terminologies into a single, unified knowledge representation system has formed a key area of applied informatics research in recent years. The Unified Medical Language System (UMLS) is the most advanced and most prominent effort in this direction, bringing together within its Metathesaurus a large number of distinct source-terminologies. The UMLS Semantic Network, which is designed to support the integration of these source-terminologies, has proved to be a highly successful combination of formal coherence and broad scope. (...) We argue here, however, that its organization manifests certain structural problems, and we describe revisions which we believe are needed if the network is to be maximally successful in realizing its goals of supporting terminology integration. (shrink)

Most philosophers have given up George Berkeley’s proof for the existence of God as a lost cause, for in it, Berkeley seems to conclude more than he actually shows. I defend the proof by showing that its conclusion is not the thesis that an infinite and perfect God exists, but rather the much weaker thesis that a very powerful God exists and that this God’s agency is pervasive in nature. This interpretation, I argue, is consistent with the texts. It is (...) also an important component of Berkeley’s philosophical project, which consists of launching many small arguments against his philosophical and theological opponents. (shrink)

The Lambdoma, considered the most important harmonical pattern of order is to be understood as a further development of a figure attributed to the Pythagoreans "in the shape of the capital letter Lambda" -therefore named Lambda . Diagrams similar to the Lambdoma without explicit harmonical significance can be found in the writings of several medieval and modern authors, including Ramon Llull , whose influence on Leibniz is already evident in the Dissertatio de arte combinatoria , Leipzig 1666. Leibniz and Llull (...) are linked particularly by the idea of Kombinatorik as ars inveniandi in the sense of a universal language, whose extension of knowledge is self-creating . In the larger context of LlulPs historical influence, Kombinatorik as structural logic and harmonical Lambdoma we also have to see Leibniz's genealogical scheme in his academic dissertation . The harmonical analysis of this model contains convincing parallels to the structural build-up of the Lambdoma . However, the analogies go further, as is shown by the reference to Leibniz's Dyadik, to the 64 hexagrams of the /Ging and the comparison of the /Ging with the genetical code. Harmonically structured systematized thought reveals itself as that possibility of an interpretation of the universe, which Leibniz did not really have in mind. However, we can find that thought at the decisive points of his theory of philosophical principles so to speak as the pythagorean-platonic inheritance. (shrink)

Aumann and Serrano :810–836, 2008) introduce the axiom of duality, which ensures that risk measures respect comparative risk aversion. This paper characterizes all dual risk measures by a simple equivalent condition. This equivalence provides a decomposition result and a construction method, which is used to analyze concrete dual measures. Moreover, this paper aims to extend this characterization to the most general setting. Compared with Aumann and Serrano, it, therefore, relaxes the axiom of positive homogeneity, and allows for risk-neutral and risk-seeking (...) agents, as well as for all integrable gambles. (shrink)

An application of the entropic theory of perception to evolutionary systems indicates that environmental entropy increases will exert pressures on an organism to adapt. We speculate that the instability caused by such environmental changes will also cause an increase in the mutation rate of organisms leading to an eventual increase in their complexity. Such complexity generation allows organisms to adapt to the more entropic environment. Although we conclude that increases in environmental entropy cause an organism to evolve into a more (...) complex organism, increases in entropy may not be necessary for complexity generationper se. (shrink)

Environmental heterogeneity is invoked as a key explanatory factor in the adaptive evolution of a surprisingly wide range of phenomena. This article aims to analyze this explanatory scheme of categorizing traits or properties as adaptations to environmental heterogeneity. First it is suggested that this scheme can be understood as a reaction to how heterogeneity adaptations were discounted or ignored in the modern synthesis. Then a positive account is proposed, distinguishing between two broad categories of adaptation to environmental heterogeneity: properties selected (...) for by well-defined patterns of environmental heterogeneity, and properties that help organisms exploit novel patterns of environmental heterogeneity. (shrink)

ABSTRACT Biomedical experimentation on animals is justified, researchers say, because of its enormous benefits to human beings. Sure, animals suffer and die, but that is morally insignificant since the benefits of research incalculably outweigh the evils. Although this utilitarian claim appears straightforward and relatively uncontroversial, it is neither straightforward nor uncontroversial. This defence of animal experimentation is likely to succeed only by rejecting three widely held moral presumptions. We identify these assumptions and explain their relevance to the justification of animal (...) experimentation. We argue that, even if non‐human animals have considerably less moral worth than humans, experimentation is justified only if the benefits are overwhelming. By building on and expanding on arguments offered in earlier papers, we show that researchers cannot substantiate their claims on behalf of animal research. We conclude that there is currently no acceptable utilitarian defence of animal experimentation. Moreover, it is unlikely that there could be one. Since most apologists of animal experimentation rely on utilitarian justifications of their practice, it appears that biomedical experimentation on animals is not morally justified. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

Philosophers of science and metascientists alike typically model scientists’ behavior as driven by credit maximization. In this article I argue that this modeling assumption cannot account for how scientists have a default level of trust in each other’s assertions. The normative implication of this is that science policy should not focus solely on incentive reform.

Implicit contextual factors mean that the boundary between causal and noncausal explanation is not as neat as one might hope: as the phenomenon to be explained is given descriptions with varying degrees of granularity, the nature of the favored explanation alternates between causal and non-causal. While it is not surprising that different descriptions of the same phenomenon should favor different explanations, it is puzzling why re-describing the phenomenon should make any difference for the causal nature of the favored explanation. I (...) argue that this is a problem for the ontic framework of causal and noncausal explanation, and instead propose a pragmatic-modal account of causal and non-causal explanation. This account has the added advantage of dissolving several important disagreements concerning the status of non-causal explanation. (shrink)