Background Big data and AI applications now play a major role in many health contexts. Much research has already been conducted on ethical and social challenges associated with these technologies. Likewise, there are already some studies that investigate empirically which values and attitudes play a role in connection with their design and implementation. What is still in its infancy, however, is the comparative investigation of the perspectives of different stakeholders. Methods To explore this issue in a multi-faceted manner, we conducted (...) semi-structured interviews as well as focus group discussions with patients and clinicians. These empirical methods were used to gather interviewee’s views on the opportunities and challenges of medical AI and other data-intensive applications. Results Different clinician and patient groups are exposed to medical AI to differing degrees. Interviewees expect and demand that the purposes of data processing accord with patient preferences, and that data are put to effective use to generate social value. One central result is the shared tendency of clinicians and patients to maintain individualistic ascriptions of responsibility for clinical outcomes. Conclusions Medical AI and the proliferation of data with import for health-related inferences shape and partially reconfigure stakeholder expectations of how these technologies relate to the decision-making of human agents. Intuitions about individual responsibility for clinical outcomes could eventually be disrupted by the increasing sophistication of data-intensive and AI-driven clinical tools. Besides individual responsibility, systemic governance will be key to promote alignment with stakeholder expectations in AI-driven and data-intensive health settings. (shrink)

Although clinical interpretation originated with Freud, the latter's positivist preference for purely observational methods made him ambivalent toward interpretive methods. According to Rubovits-Seitz, the legacy of Freud's positivism still pervades clinical thinking and interferes with progress in investigating and improving interpretive methods. He reviews the paradigm shift in general science from positivism to postpositivism by way of demonstrating the compatibility of interpretive inquiry with a postpositivist approach. Post-Freudian models of clinical interpretation are evaluated, andclinical methods of interpretation are compared (...) with interpretive approachesin nonclinical fields. A detailed discussion of the neglected problem ofjustifying interpretations incorporates evaluations of specific justifyingprocedures and a case report illustrating applications of such methods. Thework concludes with a consideration of common but avoidable errors in clinicalinterpretation along with remedial strategies for dealing with them. Following _Depth-Psychological Understanding, _clinicians may no longer take for granted the interpretive process and the accuracy of their own interpretations. Rubovits-Seitz's scholarly survey marks a major advance in comprehending the methodology of clinical interpretation and in setting forth both the problems and promise of interpretive methods. (shrink)

Heinz Kohut was arguably the most influential modern day psychoanalyst. Because current interest in Kohut's work has focused so completely on self psychology, however, certain aspects of Kohut's thinking, in particular his nonreductive synthesis of Freudian theory, are in danger of being lost. Prior to his development of self psychology, Kohut was a legendary teacher of Freudian theory at the Chicago Institute for Psychoanalysis. In this volume, Philip Rubovits-Seitz presents Kohut's previously unavailable lectures from his course on psychoanalytic psychology (...) along with an illuminating summary statement on Freudian theory jointly written by Kohut and Rubovits-Seitz. Rubovits-Seitz continues with his own insightful analysis of Kohut's distinctive approach to Freudian theory. And he concludes by arguing persuasively why Kohut's later contributions should best be viewed as a continuation, rather than an abandonment, of this early vision. _Kohut's Freudian Vision _not only repairs an outstanding tear in received psychoanalytic history but also challenges self psychologists and contemporary Freudian psychoanalysts alike to renewed reflection. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...) of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

A realist view of numbers often rests on the following thesis: statements like ‘The number of moons of Jupiter is four’ are identity statements in which the copula is flanked by singular terms whose semantic function consists in referring to a number (henceforth: Identity). On the basis of Identity the realists argue that the assertive use of such statements commits us to numbers. Recently, some anti-realists have disputed this argument. According to them, Identity is false, and, thus, we may deny (...) that the relevant statements commit us to numbers. The present paper argues that the correct linguistic analysis of the relevant number statements supports the anti-realist view that Identity is false. However, as will further be shown, pace the anti-realist, this analysis does not establish that such statements do not commit us to numbers after all. (shrink)

In this paper, we argue that ‘good care’ in residential nursing homes is enacted through different care practices that are either inspired by a ‘professional logic of care’ that aims for justice and non-maleficence in the professional treatment of residents, or by a ‘relational logic of care’, which attends to the relational quality and the meaning of interpersonal connectedness in people’s lives. Rather than favoring one care logic over the other, this paper indicates how important aspects of care are constantly (...) negotiated between different care practices. Based on the intricate everyday negotiations observed during an ethnographic field study at an elderly nursing home in Germany, the paper puts forth the argument that care is always a matter of tinkering with different, sometimes competing ‘goods’. This tinkering process, which unfolds through ‘intuitive deliberation’, ‘situated assessment’ and ‘affective juggling’ is then theorized along the conceptualization of a ‘practical ethics of care’: an ethics which makes no a priori judgments of what may be considered as good or bad care, but instead calls for momentary judgments that are pliable across changing situations. (shrink)

As the pre-eminent Enlightenment philosopher, Kant famously calls on all humans to make up their own minds, independently from the constraints imposed on them by others. Kant's focus, however, is on universal human reason, and he tells us little about what makes us individual persons. In this book, Katharina T. Kraus explores Kant's distinctive account of psychological personhood by unfolding how, according to Kant, we come to know ourselves as such persons. Drawing on Kant's Critical works and on his (...) Lectures and Reflections, Kraus develops the first textually comprehensive and systematically coherent account of our capacity for what Kant calls 'inner experience'. The novel view of self-knowledge and self-formation in Kant that she offers addresses present-day issues in philosophy of mind and will be relevant for contemporary philosophical debates. It will be of interest to scholars of the history of philosophy, as well as of philosophy of mind and psychology. (shrink)

Problems arise when applying the current procedural conceptualization of decision-making capacity to paediatric healthcare: Its emphasis on content-neutrality and rational cognition as well as its implicit assumption that capacity is an ability that resides within a person jeopardizes children’s position in decision-making. The purpose of the paper is to challenge this dominant account of capacity and provide an alternative for how capacity should be understood in paediatric care. First, the influence of developmental psychologist Jean Piaget upon the notion of capacity (...) is discussed, followed by an examination of Vygostky’s contextualist view on children’s development, which emphasizes social interactions and learning for decision-making capacity. In drawing parallels between autonomy and capacity, substantive approaches to relational autonomy are presented that underline the importance of the content of a decision. The authors then provide a relational reconceptualization of capacity that leads the focus away from the individual to include important social others such as parents and physicians. Within this new approach, the outcome of adults’ decision-making processes is accepted as a guiding factor for a good decision for the child. If the child makes a choice that is not approved by adults, the new conceptualization emphasizes mutual exchange and engagement by both parties. (shrink)

When facing a choice between saving one person and saving many, some people have argued that fairness requires us to decide without aggregating numbers; rather we should decide by coin toss or some form of lottery, or alternatively we should straightforwardly save the greater number but justify this in a non-aggregating contractualist way. This paper expands the debate beyond well-known number cases to previously under-considered probability cases, in which not (only) the numbers of people, but (also) the probabilities of success (...) for saving people vary. It is shown that, in these latter cases, both the coin toss and the lottery lead to what is called an awkward conclusion, which makes probabilities count in a problematic way. Attempts to avoid this conclusion are shown to lead into difficulties as well. Finally, it is shown that while the greater number method cannot be justified on contractualist grounds for probability cases, it may be replaced by another decision method which is so justified. This decision method is extensionally equivalent to maximising expected value and seems to be the least problematic way of dealing with probability cases in a non-aggregating manner. (shrink)

Recent social‐psychological research suggests that a considerable amount of, for example, racial and gendered discrimination may be connected to implicit biases: mental processes beyond our direct control or endorsement, that influence our behaviour toward members of socially salient groups. In this article I seek to improve our understanding of the phenomenon of implicit bias, including its moral status, by examining it through the lens of a theory of discrimination. In doing so, I also suggest ways to improve this theory of (...) discrimination, by creating conceptual space for implicit bias discrimination. I explore two ways of distinguishing direct and indirect discrimination and spell out the resulting four different forms of discrimination. The resulting taxonomy provides some room for implicit bias discrimination. I also deal with four challenges to my proposal for capturing implicit bias within discrimination theory: the metaphysical challenge, the moral insignificance challenge, the causal connection challenge, and the challenge from irreducibly collective bias. (shrink)

Developmental psychology currently faces a deep puzzle: most children before 4 years of age fail elicited-response false-belief tasks, but preverbal infants demonstrate spontaneous false-belief understanding. Two main strategies are available: cultural constructivism and early-belief understanding. The latter view assumes that failure at elicited-response false-belief tasks need not reflect the inability to understand false beliefs. The burden of early-belief understanding is to explain why elicited-response false-belief tasks are so challenging for most children under 4 years of age. The goal of this (...) article is to offer a pragmatic framework whose purpose is to discharge this burden. (shrink)

Hume's explanation of our tendency to confuse calm passions with reason due to lack of feeling appears to present a tension with his claim that we cannot be mistaken about our own impressions. I argue that the calm/violent distinction cannot be understood in terms of presence/absence of feeling. Rather, for Hume the presence or absence of disruption and disordering of natural and/or customary modes of thought is the key distinction between the calm and violent passions. This reading provides new explanations (...) of our confusion of calm passions with reason, and the potential for calm passions to prevail over violent. (shrink)

Purpose: To explain physical activity behavior, social-cognitive theories were most commonly used in the past. Besides conscious processes, the approach of dual processes additionally incorporates non-conscious regulatory processes into physical activity behavior theories. Habits are one of various non-conscious variables that can influence behavior and thus play an important role in terms of behavior change. The aim of this review was to examine the relationship between habit strength and physical activity behavior in longitudinal studies.Methods: According to the PRISMA guidelines, a (...) systematic search was conducted in three databases. Only peer-reviewed articles using a longitudinal study design were included. Both, habit and physical activity were measured at least once, and habit was related to physical activity behavior. Study quality was evaluated by assessment tools of the NHLBI.Results: Of 3.382 identified publications between 2016 and 2019, fifteen studies with different study designs were included. Most studies supported that positive correlations between habit and physical activity exist. Some positive direct and indirect effects of habit on physical activity were detected and only a minority of studies showed the influence of physical activity on habit strength. Studies differentiating between instigation and execution habit found positive correlations and revealed instigation habit as a stronger predictor of physical activity. The quality of studies was rated as reasonable using assessment tools of the NHLBI.Conclusion: This review revealed a bidirectional relationship between habit and physical activity. Whether habit predicts physical activity or vice versa is still unclear. The observation of habit influencing physical activity may be most appropriate in studies fostering physical activity maintenance while the influence of physical activity on habit may be reasonable in experimental studies with physical activity as intervention content to form a habit. Future investigations should differentiate between habit formation and physical activity maintenance studies depending on the research objective. Long-term study designs addressing the complexity of habitual behavior would be beneficial for establishing cue-behavior associations for the formation of habits. Furthermore, studies should differentiate between instigation and execution habit in order to investigate the influence of both variables on physical activity behavior independently. (shrink)

Katharina Dück widmet sich in diesem Buch dem umfangreichen Doktrinenschatz des Begriffs „Materia prima“ im Spannungsfeld von Theorie und wiederholbarer Praxis in deutschsprachigen alchemisch-naturkundlichen Sachschriften des 16. Jahrhunderts. Sie trägt damit neue Aspekte zur Debatte des Materialismus in der Frühen Neuzeit bei. Untersucht werden Texte sogenannter Meisterdenker als auch Zeugnisse derer, die bisher wenig berücksichtigt wurden. Dem Corpus Paracelsicum und der Strömung des Paracelsismus wird besondere Beachtung gezollt. Drei rasterartig umrissene Grundmuster, denen die „Materia prima“-Vorstellungen zugeordnet sind, werden ausführlich (...) vorgestellt und dabei Kontinuitäten sowie Transformationen von vorhandenen Materie-Konzepten festgestellt.​. (shrink)

Looking for goal-relevant objects in our various environments is one of the most ubiquitous tasks the human visual system has to accomplish. Visual search is guided by a number of separable selective-attention mechanisms that can be categorized as bottom-up driven – guidance by salient physical properties of the current stimuli – or top-down controlled – guidance by observers' “online” knowledge of search-critical object properties. In addition, observers' expectations based on past experience also play also a significant role in goal-directed visual (...) selection. Because sensory environments are typically stable, it is beneficial for the visual system to extract and learn the environmental regularities that are predictive of the target stimulus. This perspective article is concerned with one of these predictive mechanisms: statistical context learning of consistent spatial patterns of target and distractor items in visual search. We review recent studies on context learning and its adaptability to incorporate consistent changes, with the aim to provide new directions to the study of processes involved in the acquisition of search-guiding context memories and their adaptation to consistent contextual changes – from a three-pronged, psychological, computational, and neurobiological perspective. (shrink)

In the article “The Socio-Political Roles of Neuroethics and the Case of Klotho,” we proposed a socio-political approach to neuroethics, inspired by John Rawls’s roles for political philosophy. In...

It has recently been pointed out that the cloudiness of the concept of authenticity as well as inflated ideologies of the ‘true self’ provide good reasons to criticize theories and ideals of authenticity. Nevertheless, there are also good reasons to defend an ethical ideal of authenticity, not least because of its critical and oppositional force, which is directed against experiences of self-abandonment and self-alienation. I will argue for an elaborated ethical ideal of authenticity: the ambitious ideal of a continuous self-reflective (...) process of ‘self-authentication’. For this purpose, the ideal of being authentic in expressing and unfolding one’s individual personality and characteristics will be combined with the ideal of being ‘an authentic person’ - whereby ‘a person’ is to be understood in a Kantian sense as an autonomous person who is reasonable and morally responsible. (shrink)

Rational agency is of central interest to philosophy, with evolutionary accounts of the cognitive underpinnings of rational agency being much debated. Yet one building block—our ability to argue—is less studied, except Mercier and Sperber’s argumentative theory :57–74, https://doi.org/10.1017/s0140525x10000968, 2011, in The enigma of reason. Harvard University Press, Cambridge, 2017). I discuss their account and argue that it faces a lacuna: It cannot explain the origin of argumentation as a series of small steps that reveal how hominins with baseline abilities of (...) the trait in question could turn into full-blown owners of it. This paper then provides a first sketch of the desired evolutionary trajectory. I argue that reasoning coevolves with the ability to coordinate behavior. After that, I establish a model based on niche construction theory. This model yields a story with following claims. First, argumentation came into being during the Oldowan period as a tool for justifying information ‘out of sight’. Second, argumentation enabled hominins to solve collective action problems with collaborators out of sight, which stabilized argumentative practices eventually. Archeological findings are discussed to substantiate both claims. I conclude with outlining changes resultant from my model for the concept of rational agency. (shrink)

Explaining humans as rational creatures—capable of deductive reasoning—remains challenging for evolutionary naturalism. Schechter 437–464, 2011, 2013) proposes to link the evolution of this kind of reasoning with the ability to plan. His proposal, however, does neither include any elaborated theory on how logical abilities came into being within the hominin lineage nor is it sufficiently supported by empirical evidence. I present such a theory in broad outline and substantiate it with archeological findings. It is argued that the cognitive makeup of (...) any animal is constituted by being embedded in a certain way of life. Changing ways of life thus foster appearances of new cognitive abilities. Finally, a new way of life of coordinated group behavior emerged within the hominins: anticipatory group planning involved in activities like making sophisticated spears for hunting. This gave rise to human logical cognition. It turned hominins into domain-general reasoner and adherents of intersubjective norms for reasoning. However, as I argue, it did not—and most likely could not—give rise to reason by deductive logic. More likely, deductive reasoning entered our world only a few thousand years ago: exclusively as a cultural artifact. (shrink)

Lassen sich für die Kunst noch begriffliche Grenzen ziehen? Oder ist sie in einer Zeit, in der alles Kunst sein kann, letztlich an ihr Ende gelangt? In diesem Spannungsfeld bewegen sich die kunsttheoretischen Schriften des amerikanischen Philosophen Arthur C. Danto. Einerseits hat er unablässig die These verfochten, die Entwicklung der Kunst sei mit künstlerischen Strömungen wie der Pop Art an ihr Ende gelangt. Andererseits hat er um eine überzeugende Konturierung des Kunstbegriffs gerungen und eine der vielversprechendsten Kunstphilosophien des 20. Jahrhunderts (...) vorgelegt. Erstmals werden hier Dantos Schriften zur Bestimmung des Kunstbegriffs sowie zum Ende der Kunst zusammengelesen. Die Autorin nimmt die begrifflichen und zeitlichen Grenzen der Kunst in den Blick und fragt zugleich nach einer produktiven Bestimmung dieser 'Enden' innerhalb des nicht stillzustellenden Fortschreitens künstlerischer Praxis. (shrink)

In today’s highly dynamic societies, moral norms and values are subject to change. Moral change is partly driven by technological developments. For instance, the introduction of robots in elderly care practices requires caregivers to share moral responsibility with a robot (see van Wynsberghe 2013 ). Since we do not know what elements of morality will change and how they will change (see van der Burg 2003 ), moral education should aim at fostering what has been called “moral resilience” (Swierstra 2013 (...) ). We seek to fill two gaps in the existing literature: (i) research on moral education has not paid enough attention to the development of moral resilience; (ii) the very limited literature on moral resilience does not conceptualise moral resilience in relation to new technological developments. We argue that philosophical accounts of moral education need to do justice to the importance of moral resilience, and that a specific form of moral resilience should be conceptualised as “technomoral resilience” to underline the added value of cultivating moral resilience in relation to technomoral change. We illustrate the role of technomoral resilience in practice by looking at the context of elderly care. To make the first step towards an account of how technomoral resilience can be fostered in moral education, we propose that moral education shall focus on a triangle of capacities: (1) moral imagination, (2) a capacity for critical reflection, and (3) a capacity for maintaining one’s moral agency in the face of disturbances. (shrink)

Katharina D. Giesel befasst sich mit den Fragen, was in den verschiedensten Sozialwissenschaften unter Leitbildern verstanden wird, wie diese Kategorie konzeptionell in Forschungs- und Handlungskonzepte eingebunden wird und inwiefern ...

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

This article sets out to describe and solve two puzzles that emerge in segregated labour markets (e.g. the USA or Sweden). First, in many hiring contexts people profess to adhere to egalitarian norms, and specifically to a qualification norm according to which job qualification should be the basis of employment. Still there is evidence of frequent norm violations (discrimination). Surprisingly, the norm persists and people do not frequently protest against such norm violations. The second puzzle is that people are suspicious (...) of the hiring of minorities, perceiving such hirings as evidence that a ‘political correctness’ norm has replaced the qualification norm. The article proposes that both puzzles can be solved within a game-theoretical model of social norm-following, where implicit bias is introduced into an ‘employment game’. Within this model, implicit bias plays a double role. First, it interferes with employers' hiring decisions regarding ethnic majority and minority members, respectively. This is the standard way of understanding the effects of implicit bias. Second, implicit bias interferes with bystander evaluations of hired candidates' qualifications. This is a hitherto overlooked effect of implicit bias. The article concludes that once we understand the double role of implicit bias, the two puzzles are resolved. (shrink)

Is argumentation essentially adversarial? The concept of a devil's advocate—a cooperative arguer who assumes the role of an opponent for the sake of the argument—serves as a lens to bring into clearer focus the ways that adversarial arguers can be virtuous and adversariality itself can contribute to argumentation's goals. It also shows the different ways arguments can be adversarial and the different ways that argumentation can be said to be "essentially" adversarial.

When evaluating the arguer instead of the argument, we soon find ourselves confronted with a puzzling situation: what seems to be a virtue in one argumentative situation could very well be called a vice in another. This paper will present the idea that there are in fact two sets of virtues an arguer has to master—and with them four sometimes very different roles.

If circumstances were always simple and all arguers were always exclusively concerned with cognitive improvement, arguments would probably always be cooperative. However, we have other goals and there are other arguers, so in practice the default seems to be adversarial argumentation. We naturally inhabit the heuristically helpful but cooperation-inhibiting roles of proponents and opponents. We can, however, opt for more cooperative roles. The resources of virtue argumentation theory are used to explain when proactive cooperation is permissible, advisable, and even mandatory (...) – and also when it is not. (shrink)

Summary In this contribution, I discuss the relevance of epistemological models for psychotherapy. Despite its importance epistemology is seldom explicitly dealt with in the psychotherapeutic landscape. Based on the presentation of “Critical Realism (CR),” the epistemological position of Gestalt Theoretical Psychotherapy (GTP), I intend to show to which extent this explanatory model supports a differentiated understanding of problems between human beings, arising from the differences in experiencing “reality.” The presentation deals explicitly with some conclusions that can be drawn from the (...) CR model for practical psychotherapeutic work. In particular, the aspects of basic therapeutic attitude, therapeutic relationship, and praxeology are highlighted. (shrink)

Feminist argumentation theorists have criticized the Dominant Adversarial Model in argumentation, according to which arguers should take proponent and opponent roles and argue against one another. The model is deficient because it creates disadvantages for feminine gendered persons in a way that causes significant epistemic and practical harms. In this paper, I argue that the problem that these critics have pointed out can be generalized: whenever an arguer is given a role in the argument the associated tasks and norms of (...) which she cannot fulfill, she is liable to suffer morally significant harms. One way to react to this problem is by requiring arguers to set up argument structures and allocate roles so that the argument will be reasons-reflective in as balanced a way as possible. However, I argue that this would create to heavy a burden. Arguers would then habitually have to take on roles that require them to divert time and energy away from the goals that they started arguing for and instead serve the goal of ideal reasons-reflectiveness. At least prima facie arguers should be able to legitimately devote their time and energy towards their own goals. This creates a problem: On the one hand, structures that create morally significant harms for some arguers should be avoided—on the other hand, arguers should be able to take argument-roles that allow them to devote themselves to their own argumentative goals. Fulfilling the second requirement for some arguers will often create the morally significant harms for their interlocutors. There are two possible solutions for this problem: first, arguers might be required to reach free, consensual agreements on the structure they will adopt for their argument and the way they will distribute argumentative roles. I reject this option as both fundamentally unfeasible and practically unrealistic, based on arguments developed by theorists like Krabbe and Jacobs. I argue that instead, we should take a liberal view on argument ethics. Arguers should abide by moral side constraints to their role taking. They should feel free to take roles that will allow them to concentrate on their argumentative goals, but only if this does not create a situation in which their interlocutors are pushed into a role that that they cannot effectively play. (shrink)

This article advocates a new interpretation ofinner experience– the experience that one has of one’s empirical-psychological features ‘from within’ – in Kant. It argues that for Kant inner experience is the empirical cognition of mental states, but not that of a persistent mental substance. The schema of persistence is thereby substituted with the regulative idea of the soul. This view is shown to be superior to two opposed interpretations: the parity view that regards inner experience as empirical cognition of a (...) mental object on a par with outer experience and the disparity view that denies altogether that inner experience is empirical cognition. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

A child’s age in comparison to the age of her or his classmates (relative age) has been found to be an influential factor on academic achievement, particularly but not exclusively at the beginning of formal schooling. However, few studies have focused on the generalizability of relative age effects. To close this gap, the present study analyzes the generalizability across students with and without immigrant backgrounds, across three student cohorts that entered school under a changing law of school enrollment, and across (...) classes. To this end, we capitalized on representative large-scale data sets from three student cohorts attending public schools in Berlin, the capital of Germany. We analyzed the data using a multilevel framework. Our results for the overall student sample indicate relative age effects for reading and mathematics in favor of the relatively older students in Grade 2 that become somewhat smaller in size in Grade 3. By Grade 8, relative age effects had vanished in reading and had even reversed in favor of the relatively young in mathematics. Furthermore, relative age effects were not found to be systematically different among students with and without immigrant backgrounds, student cohorts, or across classes. Taken together, these results empirically underscore the broad generalizability of the findings as found for the overall student population and replicate the pattern of findings on relative effects as identified by the majority of previous studies. (shrink)