While an ethical obligation to report findings of clinical research to trial participants is increasingly recognised, the academic debate is often vague about what kinds of data should be fed back and how such a process should be organised. In this article, we present a classification of different actors, processes and data involved in the feedback of research results pertaining to an individual. In a second step, we reflect on circumstances requiring further ethical consideration. In regard to a concrete research (...) setting—the one of clinico-genomic research—we discuss what kinds of difficulties have to be faced when returning individual research results to trial participants. In a last step, we elaborate on a stepwise model to trigger the individual feedback process. Hence, this paper gives guidance on how to feedback individual research results in a specific research setting and responds at the same time to new challenges in the debate on the duty to return individual research findings. (shrink)

Scientific policy advice is usually perceived as a formalized advisory process within political institutions. Politics has benefited from this arrangement because the science-based rationalization of policy has contributed to its legitimacy. However, in Western democratic societies, scientific expertise that is routinely mobilized to legitimate political positions has increasingly lost its power due to controversial expertise in the public sphere in particular within the mass media. As a consequence of the medialization of science, political decision makers are increasingly confronted with mass-mediated (...) expertise. Empirical results of a qualitative survey among decision makers in the German political and administrative system, presented in this article, support the hypothesis that mass-mediated expertise has a significant impact on policy processes. Five functions of media coverage on science-based issues for policy making were identified. Mass-mediated expertise has therefore altered the established relations between scientific policy advisors and political decision makers and can be seen as informal policy advice complementing institutionalized advisory arrangements. (shrink)

It is widely agreed that obsessive-compulsive disorder involves irrationality. But where in the complex of states and processes that constitutes OCD should this irrationality be located? A pervasive assumption in both the psychiatric and philosophical literature is that the seat of irrationality is located in the obsessive thoughts characteristic of OCD. Building on a puzzle about insight into OCD (Taylor 2022), we challenge this pervasive assumption, and argue instead that the irrationality of OCD is located in the emotions that are (...) characteristic of OCD, such as anxiety or fear. In particular, we propose to understand the irrationality of OCD as a matter of harboring recalcitrant emotions. We argue that this account not only solves the puzzle about insight, but also makes better sense of how OCD sufferers experience and describe their condition and helps explain some otherwise puzzling features of compulsive behavior. (shrink)

One method to determine the asymptotics of particular solutions of a difference equation is by solving an associated asymptotic functional equation. Here we study the behaviour of the solutions in an asymptotic neighbourhood of such individual solutions. We identify several types of attraction and repulsion, which range from almost orthogonality to almost parallelness. Necessary and sufficient conditions for these types of behaviour are given.

In a recent paper in this journal, Carter and Peterson raise two distinctly epistemological puzzles that arise for anyone aspiring to defend the precautionary principle. The first puzzle trades on an application of epistemic contextualism to the precautionary principle; the second puzzle concerns the compatibility of the precautionary principle with the de minimis rule. In this note, I argue that neither puzzle should worry defenders of the precautionary principle. The first puzzle can be shown to be an instance of the (...) familiar but conceptually harmless challenge of adjudicating between relevant interests to reach assessments of threats when applying the precautionary principle. The second puzzle can be shown to rely on a subtle but crucial misrepresentation of the relevant probabilities at play when applying the precautionary principle. (shrink)

Blaise Pascal (1623-1662) gehort zu den grossten Geistern, die je auf Erden gelebt haben. Der vorliegende Band versucht eine Verbindungslinie zwischen seiner Rechtsphilosophie und seiner Religionsphilosophie herzustellen, indem er Pascals Gedanken uber die Gerechtigkeit zu seiner beruhmten Lehre von den drei Ordnungen ins Verhaltnis setzt. ".

This first volume of the new Brill series "Ancient Philosophy & Religion" offers analyses of Platonic philosophy and piety, the emergence of a common religio-philosophical discourse in Antiquity, the place of Jesus among ancient philosophers, and responses of pagan philosophers to Christianity from the second century to Late Antiquity.

Wilhelm von Humboldts Rechtsphilosophie ist bei weitem nicht so bekannt wie seine Sprachphilosophie oder gar seine Rolle als Bildungsreformer. Der Autor untersucht zu diesem Zweck Humboldts "Ideen zu einem Versuch, die Grenzen der Wirksamkeit des Staates zu bestimmen".

Astonishingly, despite the vast amount of scholarship on Machiavelli, no study exists on his theory of legislation, which runs through his celebrated work The Prince, the three-volume Discourses on Livy, the History of Florence, and many of his shorter writings. Jens Petersen's work fills this gap and applies his insights to contemporary legislation.

Standard epistemology takes it for granted that there is a special kind of value: epistemic value. This claim does not seem to sit well with act utilitarianism, however, since it holds that only welfare is of real value. I first develop a particularly utilitarian sense of “epistemic value”, according to which it is closely analogous to the nature of financial value. I then demonstrate the promise this approach has for two current puzzles in the intersection of epistemology and value theory: (...) first, the problem of why knowledge is better than mere true belief, and second, the relation between epistemic justification and responsibility. (shrink)

The growing literature on philosophical thought experiments has so far focused almost exclusively on the role of thought experiments in confirming or refuting philosophical hypotheses or theories. In this paper we draw attention to an additional and largely ignored role that thought experiments frequently play in our philosophical practice: some thought experiments do not merely serve as means for testing various philosophical hypotheses or theories, but also serve as facilitators for conceiving and articulating new ones. As we will put it, (...) they serve as ‘heuristics for theory discovery’. Our purpose in the paper is two-fold: to make a case that this additional role of thought experiments deserves the attention of philosophers interested in the methodology of philosophy; to sketch a tentative taxonomy of a number of distinct ways in which philosophical thought experiments can aid theory discovery, which can guide future research on this role of thought experiments. (shrink)

Giambattista Vico gilt als Begründer der Kulturwissenschaft, obwohl er Jurist war und Rhetorik lehrte. Der Autor führt die juristische Provenienz mit Vicos kulturgeschichtlichen Entdeckungen zusammen und begründet diese in Verbindung mit jener. Durch diese Rückbesinnung auf Vicos Theorie kann womöglich auch die Rechtswissenschaft als Kulturwissenschaft begriffen werden.

Most of us want to have children. We want them to be healthy and have a good start in life. One way to achieve this goal is to use preimplantation genetic diagnosis . PGD enables people engaged in the process of in vitro fertilisation to acquire information about the genetic constitution of an early embryo. On the basis of this information, a decision can be made to transfer embryos without genetic defects to the uterus and terminate those with genetic defects.1However, (...) is it morally acceptable to use PGD to reduce the probability of children with severe genetic diseases being born? Is the current routine use of PGD in public healthcare services to select against severe genetic diseases like anencephaly, spina bifida, cystic fibrosis and Down’s syndrome morally acceptable?These are complex questions involving a range of difficult ethical issues—for instance, critical discussions about the morality of embryo research and embryo termination.2 They also involve awkward conceptual issues concerning such matters as the meaning of words such as “disability”3 and “severe” in “severe genetic diseases”,4 which will not be discussed here.In this paper I examine an argument which aims to show that efforts to prevent the birth of severely disabled children using PGD are morally unacceptable. Essentially, this argument appeals to our concern for disabled people and the belief that PGD, through a slippery slope process, will have bad consequences for them. I conclude that the argument is problematic for a number of reasons. But before I examine the argument itself, it will be helpful to separate two types of slippery slope argument since these involve different kinds of reasoning.TWO TYPES OF ARGUMENTMany of the arguments against PGD point to the bad consequences it can be expected to have for disabled people. Central to all these …. (shrink)

Social desirability bias (SDB) is one of the main concerns in self-reported studies that measures explicit attitudes such as ethics research. Although SDB was introduced since the early 1950s, little effort has been made to understand the necessity of including an SDB scale in studies of sensitive topics such as ethics. The purpose of this paper was to (1) identify whether current ethics-related studies considered SDB when conducting their research and (2) ascertain whether SDB was a significant variable in such (...) studies. This investigation takes the form of a systematic review of articles published within the last 20 years in well-known business ethics journals (2000–2019). We found that (a) only 13.67% of ethics research measured SDB; (b) although the majority of the reviewed articles were from the West, researchers in Asia have also made significant progress in recent years in measuring SDB in their studies; (c) SDB was used mainly as a control variable and as such researchers preferred scales with fewer items; and (d) SDB was unavoidable even when using online surveys. Based on our findings, we attempt to provide an overview of SDB in ethics research and encourage ethics researchers who adopt self-reported surveys to include an SDB measurement in their studies to control SDB. (shrink)

Frames, i.e., recursive attribute-value structures, are a general format for the decomposition of lexical concepts. Attributes assign unique values to objects and thus describe functional relations. Concepts can be classified into four groups: sortal, individual, relational and functional concepts. The classification is reflected by different grammatical roles of the corresponding nouns. The paper aims at a cognitively adequate decomposition, particularly, of sortal concepts by means of frames. Using typed feature structures, an explicit formalism for the characterization of cognitive frames is (...) developed. The frame model can be extended to account for typicality effects. Applying the paradigm of object-related neural synchronization, furthermore, a biologically motivated model for the cortical implementation of frames is developed. Cortically distributed synchronization patterns may be regarded as the fingerprints of concepts. (shrink)

Body checking, characterized by the repeated visual or physical inspection of particular parts of one’s own body (e.g. thighs, waist, or upper arms) is one of the most prominent behaviors associated with eating disorders, particularly Anorexia Nervosa (AN). In this paper, we explore the explanatory potential of the Recalcitrant Fear Model of AN (RFM) in relation to body checking. We argue that RFM, when combined with certain plausible auxiliary hypotheses about the cognitive and epistemic roles of emotions, is able to (...) explain key characteristics of body checking, including how body checking behavior becomes habitual and compulsive. (shrink)

The alien invasive Red King Crab in the Barents Sea represents both a threat, via ecosystem impacts, and a gain as a revenue source from food sales. Uncertainties exist regarding the ecological impacts but debate in Norway has also emphasised the economic benefits to marginalised fisher communities. This paper reports on a Q-methodology study involving key stakeholders to probe the extent to which divisions exist between different groups. While divisions are indeed found and two groupings identified, these are not as (...) clear as suggested by the lines typically portrayed in the media and elsewhere -, i.e. economic gains versus ecological preservation. Stakeholder groups reported here generally agreed that biodiversity concerns should be central and that further invasion was undesirable due to potential impacts on ecosystem services. (shrink)

Das Buch zeichnet Schopenhauers individualistisches Rechtsdenken nach und verteidigt seinen methodischen Individualismus namentlich gegen Carl Schmitt. Soweit ersichtlich erstmals wird Schopenhauers Idee der ewigen Gerechtigkeit der Kritik Friedrich Nietzsches gegenübergestellt.

Inquiry is an aim-directed activity, and as such governed by instrumental normativity. If you have reason to figure out a question, you have reason to take means to figuring it out. Beliefs are governed by epistemic normativity. On a certain pervasive understanding, this means that you are permitted – maybe required – to believe what you have sufficient evidence for. The norms of inquiry and epistemic norms both govern us as agents in pursuit of knowledge and understanding, and, on the (...) surface, they do so in harmony. Recently, however, Jane Friedman (2020) has pointed out that they are in tension with each other. In this paper, I aim to resolve this tension by showing that reasons for acts of inquiry – zetetic reasons – and epistemic reasons for belief can both be understood as flowing from the same general normative principle: the transmission principle for instrumental reasons. The resulting account is a version of epistemic instrumentalism that offers an attractive unity between zetetic and epistemic normativity. (shrink)

Does transparency in doxastic deliberation entail a constitutive norm of correctness governing belief, as Shah and Velleman argue? No, because this presupposes an implausibly strong relation between normative judgements and motivation from such judgements, ignores our interest in truth, and cannot explain why we pay different attention to how much justification we have for our beliefs in different contexts. An alternative account of transparency is available: transparency can be explained by the aim one necessarily adopts in deliberating about whether to (...) believe that p. To show this, I reconsider the role of the concept of belief in doxastic deliberation, and I defuse 'the teleologian's dilemma'. (shrink)

Epistemic instrumentalists seek to understand the normativity of epistemic norms on the model practical instrumental norms governing the relation between aims and means. Non-instrumentalists often object that this commits instrumentalists to implausible epistemic assessments. I argue that this objection presupposes an implausibly strong interpretation of epistemic norms. Once we realize that epistemic norms should be understood in terms of permissibility rather than obligation, and that evidence only occasionally provide normative reasons for belief, an instrumentalist account becomes available that delivers the (...) correct epistemic verdicts. On this account, epistemic permissibility can be understood on the model of the wide-scope instrumental norm for instrumental rationality, while normative evidential reasons for belief can be understood in terms of instrumental transmission. (shrink)

Indem Montaigne die Jurisprudenz von Grund auf anzweifelte, hat er ihr zugleich die Grundlagen des Rechts in einer spezifisch neuzeitlichen Weise erschlossen. Obwohl er nichts weniger suchte, entdeckte Montaigne beiläufig die Grundlagen des Rechts in ihrer Gesamtheit.

The theory of belief, according to which believing that p essentially involves having as an aim or purpose to believe that p truly, has recently been criticised on the grounds that the putative aim of belief does not interact with the wider aims of believers in the ways we should expect of genuine aims. I argue that this objection to the aim theory fails. When we consider a wider range of deliberative contexts concerning beliefs, it becomes obvious that the aim (...) of belief can interact with and be weighed against the wider aims of agents in the ways required for it to be a genuine aim. (shrink)

In this paper I propose a teleological account of epistemic reasons. In recent years, the main challenge for any such account has been to explicate a sense in which epistemic reasons depend on the value of epistemic properties. I argue that while epistemic reasons do not directly depend on the value of epistemic properties, they depend on a different class of reasons which are value based in a direct sense, namely reasons to form beliefs about certain propositions or subject matters. (...) In short, S has an epistemic reason to believe that p if and only if S is such that if S has reason to form a belief about p, then S ought to believe that p. I then propose a teleological explanation of this relationship. It is also shown how the proposal can avoid various subsidiary objections commonly thought to riddle the teleological account. (shrink)

A popular account of epistemic justification holds that justification, in essence, aims at truth. An influential objection against this account points out that it is committed to holding that only true beliefs could be justified, which most epistemologists regard as sufficient reason to reject the account. In this paper I defend the view that epistemic justification aims at truth, not by denying that it is committed to epistemic justification being factive, but by showing that, when we focus on the relevant (...) sense of ‘justification’, it isn’t in fact possible for a belief to be at once justified and false. To this end, I consider and reject three popular intuitions speaking in favor of the possibility of justified false beliefs, and show that a factive account of epistemic justification is less detrimental to our normal belief forming practices than often supposed. (shrink)

When one has both epistemic and practical reasons for or against some belief, how do these reasons combine into an all-things-considered reason for or against that belief? The question might seem to presuppose the existence of practical reasons for belief. But we can rid the question of this presupposition. Once we do, a highly general ‘Combinatorial Problem’ emerges. The problem has been thought to be intractable due to certain differences in the combinatorial properties of epistemic and practical reasons. Here we (...) bring good news: if we accept an independently motivated version of epistemic instrumentalism—the view that epistemic reasons are a species of instrumental reasons—we can reduce The Combinatorial Problem to the relatively benign problem of how to weigh different instrumental reasons against each other. As an added benefit, the instrumentalist account can explain the apparent intractability of The Combinatorial Problem in terms of a common tendency to think and talk about epistemic reasons in an elliptical manner. (shrink)

A popular account of luck, with a firm basis in common sense, holds that a necessary condition for an event to be lucky, is that it was suitably improbable. It has recently been proposed that this improbability condition is best understood in epistemic terms. Two different versions of this proposal have been advanced. According to my own proposal :361–377, 2010), whether an event is lucky for some agent depends on whether the agent was in a position to know that the (...) event would occur. And according to Stoutenburg :319–334, 2015, Synthese, 1–15, 2018), whether an event is lucky for an agent depends on whether the event was guaranteed or certain to occur in light of the agent’s evidence. In this paper, I argue that we should prefer the account in terms of knowledge over that in terms of evidential certainty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mild Cognitive Impairment Is RelevantRonald C. Petersen (bio)Keywordsaging, Alzheimer’s disease, dementia, mild cognitive impairment, pharmaceutical industryGraham and Ritchie (2006) have contributed a scholarly document that implores us to reexamine nosological categories and certain diagnostic outcomes. They have chosen mild cognitive impairment (MCI) as the target of their scrutiny and have raised several interesting issues. I would like to comment on their approach and suggest that MCI is a (...) useful clinical entity that does serve a practical function and hopefully will lead to a better quality of life for aging persons.There are several clarifications concerning the construct of MCI that need to be emphasized. Graham and Ritchie have asserted that all persons with MCI eventually evolve to Alzheimer's disease (AD) and have claimed that this is the inevitable outcome of the disorder. Although it is true that many of the early studies on MCI focused on the amnestic subtype as a precursor to AD (Bennett et al. 2002; Ganguli, Dodge, Shen, and DeKosky 2004; Lopez et al. 2003; Petersen et al. 1999), subsequent work has expanded the construct to include prodromal forms of other disorders (Petersen 2004; Winblad et al. 2004). As such, the construct of MCI has become flexible in recent years to account for alternative types of intermediate cognitive impairment.The authors state that MCI addresses those individuals speculated to have an inevitable dementia. Certainly, we do not presume that dementia is inevitable in the aging process; rather, we posit that if certain criteria are fulfilled in persons who are aging, the likelihood of a person progressing to a certain type of dementia is quite high. As such, this is an important precondition about which to learn, because interventional strategies may be available.Graham and Ritchie argue that some cognitive changes with aging are "normal" and trying to classify these individuals as "abnormal" is performing a disservice to much of the aging population. We draw an important distinction between the cognitive changes of normal aging, as they are recognized to exist, and what we feel constitutes the pathologic changes of MCI. We believe that the abnormal cognitive function found in MCI has a high probability of progressing to a greater degree of cognitive dysfunction in a relatively short period of time and these behavioral changes are accompanied by pathologic brain changes that are manifested on magnetic resonance imaging scans, positron emission tomography scans, cerebrospinal fluid biomarkers, and autopsy studies (Hampel et al. 2004; Jack et al. 1999; Markesbery et al. [End Page 45] 2006; Petersen et al. 2006). This type of progression is in contradistinction to other individuals who are experiencing cognitive changes of normal aging. These individuals do not progress rapidly to greater degrees of impairment and autopsy studies reveal that their brains do not harbor the pathologic changes found in the MCI population (Knopman et al. 2003).The cognitive and behavioral changes accompanying persons with MCI are devastating and cannot be ascribed to "senility" or "He is just getting old." It is a mistake to imply that by labeling people with a condition such as MCI we are doing them a disservice. Most of these individuals are seeking medical attention for their perceived difficulties. Consequently, addressing these concerns and educating the individuals on the implications of their symptoms are important services. Although we may not have adequate therapies at present, this does not imply that we should ignore the symptoms.We cannot treat many conditions at present, yet we do not avoid the opportunity to characterize the condition and make a diagnosis. Even if this were part of the aging process, this does not mean that we should ignore the disability and refuse to treat it. Most individuals develop an inflexibility of their optical lenses as they age, yet corrective lenses of one type or another are believed to be extremely beneficial at alleviating this disability associated with the aging phenomenon. No one would argue that it is inappropriate to treat this condition because it is "just a part of aging."It should be noted that I have stressed the situation in which individuals are seeking medical attention for their cognitive concerns. It is quite a different situation if an... (shrink)

In this paper, we wish to propose a notion Kunstangst [Danish for art anxiety] as a designation for the destabilising and transformative state that art can impose on its spectator. To this day, art discourse and curation continue to be shaped by Enlightenment ideals. This legacy urges us to dispose of our individuality, either by putting ourselves in someone else’s place or by striving towards objectivity and repeatability. We regard this as highly problematic, and to question the scientific, rational, and (...) disinterested approaches, we have chosen to investigate a more personal, intimate relation between artwork and spectator. The notion Kunstangst derives from the existentialist concept of anxiety, which originates in the philosophy of Søren Kierkegaard. We hope that the transfer of this existentialist concept will provide us with a new aesthetic tool that can enable us to undo the chains of Enlightenment thought and help us approximate the intensity at the heart of aesthetic experience. Aiding us in the appropriation of such an abstract philosophical concept and its application to aesthetics, we incorporate the research of psychologist Kazimierz Dabrowski. He claims that external conflicts can evoke anxiety, which can – if properly engaged with – become transformative experiences. Following this line of reasoning in an aesthetic context, we believe that this is how the art experience can have transformative potential. (shrink)

Horizontal gene transfer in the form of long DNA fragments has changed our view of bacterial evolution. Recently, we discovered that such processes may also occur with the massive amounts of short and damaged DNA in the environment, and even with truly ancient DNA. Although it presently remains unclear how often it takes place in nature, horizontal gene transfer of short and damaged DNA opens up the possibility for genetic exchange across distinct species in both time and space. In this (...) essay, we speculate on the potential evolutionary consequences of this phenomenon. We argue that it may challenge basic assumptions in evolutionary theory; that it may have distant origins in life's history; and that horizontal gene transfer should be viewed as an evolutionary strategy not only preceding but causally underpinning the evolution of sexual reproduction. (shrink)