In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to (...) argue for a strict logical distinction between rules and principles. Ever since, there has been a controversy whether the intuitive differences between rules and principles require a strict logical distinction between the two. For instance, Soeteman (1991) disagrees with Dworkin's opinion, and argues that rules and principles cannot be strictly distinguished, and do not have a different logical structure. (shrink)

Situated normativity is the ability of skilled individuals to distinguish better from worse, adequate from inadequate, appropriate from inappropriate, or correct from incorrect in the context of a particular situation. Situated normativity consists in a situated appreciation expressed in normative behaviour, and can be experienced as a bodily affective tension that motivates a skilled individual to act on particular possibilities for action offered by a concrete situation. The concept of situated normativity has so far primarily been discussed in the context (...) of skilled unreflective action. In this paper, we aim to explore and sketch the role of the concept of situated normativity in characterising more reflective forms of normativity. The goal of the paper is two-fold: first, by showing more reflective forms of normativity to be continuous with unreflective situated normativity, we bring these reflective forms into the reach of embodied accounts of cognition; and second, by extending the concept of situated normativity, new light is thrown on questions regarding reflective forms of cognition. We show that sociomaterial aspects of situations are crucial for understanding more reflective forms of normativity. We also shed light on the important question of how explicit rules can compel people to behave in particular ways. (shrink)

In this paper, I develop an ecological-enactive perspective on the role rules play in linguistic behaviour. I formulate and motivate the hypothesis that metalinguistic reflexivity – our ability to talk about talking – is constitutive of linguistic normativity. On first sight, this hypothesis might seem to fall prey to a regress objection. By discussing the work of Searle, I show that this regress objection originates in the idea that learning language involves learning to follow rules from the very start. I (...) propose an ecological-enactive response to the regress objection. The key move is to deny that language learning consists initially in learning rules. A child first engages in regular communicative behaviour, by learning first-order linguistic skills, and then retroactively interprets her own behaviour in normative metalinguistic terms, i.e., as being guided by rules by relying on reflexive or second-order linguistic skills. On this view, metalinguistic reflexivity enables regulation of already regular communicative behaviour, and thereby constitutes linguistic normativity. Finally, I argue that linguistic rules are resources: they are available to participants in order to (re)negotiate properties of situated language behaviour and thereby reorganize linguistic practices. The account developed in this paper thus allows us to understand the constitutive role of metalinguistic reflexivity for linguistic normativity without falling prey to the regress objection. (shrink)

The Radical Enactive/embodied view of Cognition, or REC, claims that all cognition is a matter of skilled performance. Yet REC also makes a distinction between basic and content-involving cognition, arguing that the development of basic to content-involving cognition involves a kink. It might seem that this distinction leads to problematic gaps in REC’s story. We address two such alleged gaps in this paper. First, we identify and reply to the concern that REC leads to an “interface problem”, according to which (...) REC has to account for the interaction of two minds co-present in the same cognitive activity. We emphasise how REC’s view of content-involving cognition in terms of activities that require particular sociocultural practices can resolve these interface concerns. The second potential problematic gap is that REC creates an unjustified difference in kind between animal and human cognition. In response, we clarify and further explicate REC’s notion of content, and argue that this notion allows REC to justifiably mark the distinction between basic and content-involving cognition as a difference in kind. We conclude by pointing out in what sense basic and content-involving cognitive activities are the same, yet different. They are the same because they are all forms of skilled performance, yet different as some forms of skilled performance are genuinely different from other forms. (shrink)

In this article, an ethical analysis of an educational programme on renal replacement therapy options for patients and their social network is presented. The two main spearheads of this approach are: (1) offering an educational programme on all renal replacement therapy options ahead of treatment requirement and (2) a home-based approach involving the family and friends of the patient. Arguments are offered for the ethical justification of this approach by considering the viewpoint of the various stakeholders involved. Finally, reflecting on (...) these ethical considerations, essential conditions for carrying out such a programme are outlined. The goal is to develop an ethically justified and responsible educational programme. (shrink)

In this paper we present an executable approach to model interactions between agents that involve sensitive, privacy-related information. The approach is formal and based on deontic, epistemic and action logic. It is conceptually related to the Belief-Desire-Intention model of Bratman. Our approach uses the concept of sphere as developed by Waltzer to capture the notion that information is provided mostly with restrictions regarding its application. We use software agent technology to create an executable approach. Our agents hold beliefs about the (...) world, have goals and commitment to the goals. They have the capacity to reason about different courses of action, and communicate with one another. The main new ingredient of our approach is the idea to model information itself as an intentional agent whose main goal it is to preserve the integrity of the information and regulate its dissemination. We demonstrate our approach by applying it to an important process in the insurance industry: applying for a life insurance. In this paper we will: (1) describe the challenge organizational complexity poses in moral reasoning about informational relationships; (2) propose an executable approach, using software agents with reasoning capacities grounded in modal logic, in which moral constraints on informational relatio nships can be modeled and investigated; (3) describe the details of our approach, in which information itself is modeled as an intentional agent in its own right; (4) test and validate it by applying it to a concrete ‘hard case’ from the insurance industry; and (5) conclude that our approach upholds and offers potential for both research and practical application. (shrink)

BackgroundObtaining informed consent for intravenous thrombolysis in acute ischemic stroke can be challenging, and little is known about if and how the informed consent procedure is performed by neurologists in clinical practice. This study examines the procedure of informed consent for intravenous thrombolysis in acute ischemic stroke in high-volume stroke centers in the Netherlands.MethodsIn four high volume stroke centers, neurology residents and attending neurologists received an online questionnaire concerning informed consent for thrombolysis with tissue-type plasminogen activator (tPA). The respondents were (...) asked to report their usual informed consent practice for tPA treatment and their considerations on whether informed consent should be obtained.ResultsFrom the 203 invited clinicians, 50% (n = 101) completed the questionnaire. One-third of the neurology residents (n = 21) and 21% of the neurologists (n = 8) reported that they always obtain informed consent for tPA treatment. If a patient is not capable of providing informed consent, 30% of the residents (n = 19) reported that they start tPA treatment without informed consent. In these circumstances, 53% of the neurologists (n = 20) reported that the resident under their supervision would start tPA treatment without informed consent. Most neurologists (n = 21; 55%) and neurology residents (n = 45; 72%) obtained informed consent within one minute. None of the respondents used more than five minutes for informed consent. Important themes regarding obtaining informed consent for treatment were patients’ capacity, and medical, ethical and legal considerations.ConclusionThe current practice of informed consent for thrombolysis in acute ischemic stroke varies among neurologists and neurology residents. If informed consent is obtained, most clinicians stated to obtain informed consent within one minute. In the future, a shortened information provision process may be applied, making a shift from informed consent to informed refusal, while still considering the patient’s capacity, stroke severity, and possible treatment delays. (shrink)

We apply an online optimization process based on machine learning to the production of Bose-Einstein condensates. BEC is typically created with an exponential evaporation ramp that is optimal for ergodic dynamics with two-body s-wave interactions and no other loss rates, but likely sub-optimal for real experiments. Through repeated machine-controlled scientific experimentation and observations our ’learner’ discovers an optimal evaporation ramp for BEC production. In contrast to previous work, our learner uses a Gaussian process to develop a statistical model of the (...) relationship between the parameters it controls and the quality of the BEC produced. We demonstrate that the Gaussian process machine learner is able to discover a ramp that produces high quality BECs in 10 times fewer iterations than a previously used online optimization technique. Furthermore, we show the internal model developed can be used to determine which parameters are essential in BEC creation and which are unimportant, providing insight into the optimization process of the system. (shrink)

© 2015 Elsevier Inc.Postnatal organogenesis occurs in an immune competent environment and is tightly controlled by interplay between positive and negative regulators. Innate immune cells have beneficial roles in postnatal tissue remodeling, but roles for the adaptive immune system are currently unexplored. Here we show that adaptive immune responses participate in the normal postnatal development of a non-lymphoid epithelial tissue. Since the mammary gland is the only organ developing predominantly after birth, we utilized it as a powerful system to study (...) adaptive immune regulation of organogenesis. We found that antigen-mediated interactions between mammary antigen-presenting cells and interferon-γ -producing CD4+ T helper 1 cells participate in MG postnatal organogenesis as negative regulators, locally orchestrating epithelial rearrangement. IFNγ then affects luminal lineage differentiation. This function of adaptive immune responses, regulating normal development, changes the paradigm for studying players of postnatal organogenesis and provides insights into immune surveillance and cancer transformation. Plaks et al. (shrink)

Selection on grandparental investment is more complex than Coall & Hertwig (C&H) propose. Patterns of investment are subject to an intergenerational conflict over how resources should be distributed to maximize fitness. Grandparents may be selected to distribute resources unevenly, while their descendants will be selected to manipulate investment in their own favor. Here we outline the evolutionary basis of this conflict.

Yarkoni's analysis clearly articulates a number of concerns limiting the generalizability and explanatory power of psychological findings, many of which are compounded in infancy research. ManyBabies addresses these concerns via a radically collaborative, large-scale and open approach to research that is grounded in theory-building, committed to diversification, and focused on understanding sources of variation.

Background Genuine uncertainty on superiority of one intervention over the other is called equipoise. Physician-investigators in randomized controlled trials need equipoise at least in studies with more than minimal risks. Ideally, this equipoise is also present in patient-participants. In pediatrics, data on equipoise are lacking. We hypothesize that 1) lack of equipoise at enrolment among parents may reduce recruitment; 2) lack of equipoise during participation may reduce retention in patients assigned to a less favoured treatment-strategy. Methods We compared preferences of (...) parents/patients at enrolment, documented by a questionnaire, with preferences developed during follow-up by an interview-study to investigate equipoise of child-participants and parents in the BeSt-for-Kids-study. This trial in new-onset Juvenile Idiopathic Arthritis-patients consists of three strategies. One strategy comprises initial treatment with a biological disease-modifying-antirheumatic-drug, currently not standard-of-care. Semi-structured interviews were conducted with 23 parents and 7 patients, median 11 months after enrolment. Results Initially most parents and children were not in equipoise. Parents/patients who refused participation, regularly declined due to specific preferences. Many participating families preferred the biological-first-strategy. They participated to have a chance for this initial treatment, and would even consider stopping trial-participation when not randomized for it. Their conviction of superiority of the biological-first strategy was based on knowledge from internet and close relations. According to four parents, the physician-investigator preferred the biological-first-strategy, but the majority stated that she had no preferred strategy. In phase 2, preferences tended to change to the treatment actually received. Conclusions Lack of equipoise during enrolment did not reduce study recruitment, mainly due to the fact that preferred treatment was only available within the study. Still, when developing a trial it is important to evaluate whether the physicians’ research question is in line with preferences of the patient-group. By exploring so-called ‘informed patient-group’-equipoise, successful recruitment may be enhanced and bias avoided. In our study, lack of equipoise during trial-participation did not reduce retention in those assigned to a less favoured option. We observed a change for preference towards treatment actually received, possibly explained by comparable outcomes in all three arms. (shrink)