Contemporary economic analysts of the law argue that certain legal institutions, such as contract law, ought to be designed to promote wealth maximization, while different legal institutions ought to seek to achieve non-wealth maximizing aims, such as distributive justice. In order to preserve the normative claim that the sole aim of any single legal institution should be the promotion of wealth maximization, economists rely on the “specialization principle”: each legal institution must be organized around a single normative criterion, partitioned from (...) and without regard to the normative aims of other legal institutions. I argue that this idea of a strict normative division of labour between institutions is problematic. On any instrumentalist view, the normative justification of the ends of a particular legal institution cannot ignore the normative aims of the legal system of which it is a part. I develop this argument by critically examining the economic analyst’s claim that commercial contract law should be limited to helping firms maximize profit. (shrink)

Although Ghazzali in his Tahafut al- falasifeh has strongly criticised peripatetic philosophers but in both the two theories that he has offered about the resurrection of the body is under the influence of Ibn Sina’s science of soul. In his Tahafut al- falasifeh, he introduces the theory of a new body as a possibility for the resurrection of the body which is based on being, immateriality and immortality of soul as well as acceptance of soul as a standard for (...) the identity of character which are all peripatetic theories. His other theory is the theory of stimolation that for theologians has been a customary view and Ghazzali has introduced it in his al-Iqtisad fi-itiqad. Also in this theory we are witnessing points of difference between Ghazzali and theologians and the influence of Peripatetic philosophy on him. While for early Asharite theologians believing in stimulation, immaterial soul has no place, Ghazzali has offered the theory of stimulation in such a way that it has no contradiction with the immateriality of stimulation. On the other hand, although like most of the early theologians he considers life after death as a kind of accident but in the analysis of this accident he is not in agreement with them and like peripatetics he interprets these two as the relation and interruption of the soul and body. The influence of Peripatetic philosophy on him in the subject of punishment of grave is also evident. Reviewing the books and treatises such as Maarij al-Qods, al-Maznun behi ala ghir Ahlehi, Kimiyayi Saadat and Ihya Ulum Al-Din also reveals the influence of Peripatetic philosophy on him in the problem of resurrection from the topics of knowledge of self. (shrink)

"In this article, I will try to examine this doctrine from a historical point of view; this examination is, somehow, different from the critical studies on this doctrine. This doctrine should be discussed as an epistemological topic. Hence, to recognize the notion of intelligence, a glance on the history of development of this term will largely help us.''After a historical discussion from the ancient times to the present time, the author says:"``After the advent of Islam and the conquests, made by (...) Muslims, the scientific heritage of the predecessors became available for Muslim thinkers, and the works of Greek philosophers were translated into Arabic. Among the translated works, those of Aristotle were of special importance, so that the good translators of these works were paid openhandedly. This, perhaps, caused some translators to translate the works of the other philosophers and attribute them to Aristotle, in order to take more money. Among the books, which probably were attributed in this way to Aristotle, was a book translated as ``Athologia''". This book is, in fact, the translation of some part of Plotinus' Enneads. This apparently insignificant mistake left a very great effect on the thoughts of Muslim philosophers. As a result of general acceptance of Aristotle the earlier philosophers on the one hand and attribution of this book to him on the other hand, Plotinus' ideas entered the Islamic philosophy under Aristotle's name, and caused the Peripatetic philosophy of Muslim philosophers to appear in the guise of Neo-Platonism. After Introducing Ibn Sina's perspective as well as that of Mulla Sadra on the doctrine of unity of the intellect and intelligible, I will note some 7 fundamental flaws in Mulla Sadra's doctrine.". (shrink)

Data‐driven algorithms are widely used to make or assist decisions in sensitive domains, including healthcare, social services, education, hiring, and criminal justice. In various cases, such algorithms have preserved or even exacerbated biases against vulnerable communities, sparking a vibrant field of research focused on so‐called algorithmic biases. This research includes work on identification, diagnosis, and response to biases in algorithm‐based decision‐making. This paper aims to facilitate the application of philosophical analysis to these contested issues by providing an overview of three (...) key topics: What is algorithmic bias? Why and how can it occur? What can and should be done about it? Throughout, we highlight connections—both actual and potential—with philosophical ideas and concerns. (shrink)

Previous simulation models have found positive effects of cognitive diversity on group performance, but have not explored effects of diversity in demographics (e.g., gender, ethnicity). In this paper, we present an agent-based model that captures two empirically supported hypotheses about how demographic diversity can improve group performance. The results of our simulations suggest that, even when social identities are not associated with distinctive task-related cognitive resources, demographic diversity can, in certain circumstances, benefit collective performance by counteracting two types of conformity (...) that can arise in homogeneous groups: those relating to group-based trust and those connected to normative expectations towards in-groups. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Judith Butler’s “New Humanism”A Thing or Not a Thing, and So What?Sina KramerA few thinkers in the last few years, such as Stefan Dolgert and Miriam Leonard, but especially political theorist Bonnie Honig, have argued that Judith Butler’s most recent work (Antigone’s Claim, 2000; Undoing Gender, 2004; Precarious Life, 2005; Frames of War, 2009) institutes a new form of humanism, based on the universality of grief, mourning, vulnerability, (...) and precariousness that Butler describes in these texts. These critiques call into question an incipient foundationalism in the feminist political theory Butler produces in these texts, one seemingly at odds with her previous antifoundationalist commitments. In this article I will argue that, while these critiques oversimplify the relationship between politics and ethics or politics and ontology in their critique of Butler’s new mortalist humanism, the problem of the relation of politics to ethics or ontology—or, more exactly, the problem of the relation of politics to its outside, or to its conditions—remains nevertheless a real problem in Butler’s work. This is because, without a clear account of a method of rendering foundations contingent, or of rendering ontologies provisional, we tend to repeat the political move to establish an apolitical ground on which we can found a politic. This foundationalist move thus shields that ground from political critique and transformation—a move that Butler herself has done so much work to expose and displace.In this article, I ask whether feminist theory must repeat a recourse to foundations by examining the charge that Butler does so her in most recent work. The article will proceed as follows: in the first section, I examine the [End Page 25] charge that Butler is instituting a new humanism. In the second section, I look at some of Butler’s discussion of humanism, and look more closely at the relation between ethics and politics the question of humanism opens up in her work. In the third, I explore whether or not the charge that Butler is instituting a new humanism is correct. And in the fourth, I question what is at stake in this charge. Essentially, the article asks of this new humanist charge: Is this a thing or not a thing, and so what? I argue that, while the charge is somewhat overdetermined, it does point to a larger problem in Butler’s work, and that is the recourse to foundations, or to gesturing to an outside of or beyond of politics as the condition for altering political conditions. I will conclude by arguing that a greater attention to method can help to avoid the reification of the distinction between politics and its conditions that leads to the recourse of foundations.Butler’s New Mortalist HumanismIn her 2010 article “Antigone’s Two Laws: Tragedy and the Politics of Humanism”—as well as in her 2013 book Antigone, Interrupted—Bonnie Honig argues that Butler’s ethical turn institutes a new mortalist humanism, predicated on the “ontological fact of mortality, not the capacity to reason but the vulnerability to suffering” (Honig 2010, 1). She differentiates this new mortalist humanism, which she also diagnoses in the work of Nicole Loraux and Stephen White, from earlier rationalist forms of humanism that are based on the universal principle of human rationality, and from forms of antihumanism based on the “signs of a monstrous, dehumanizing animality” (Honig 2010, 3). Either form is problematic, Honig argues, insofar as they both seek to settle essentially political questions by recourse to a position beyond politics: through a stable and recognizably human figure who either secures its belonging to the polity by means of its rationality, or an exclusion rendered through the dehumanization of otherwise ostensibly human figures.This new mortalist humanism Honig diagnoses in Butler’s recent work falls into the same problem: in this version, Butler settles political questions by recourse to a principle of mortality, or the universal experience of mourning. This would seem to be contrary to Butler’s earlier commitments to a radical critique of foundationalism, especially in her famous critique of the naturalization of sex as the grounds for a political understanding of gender. This is... (shrink)

John Hick’s theory concerning plurality of religions is an ontologic pluralism according to which all religions are authentic ways for man to attain the "real an sich". Gods of religions are real as perceived and veridical hallucinations; while the “real an sich” has ineffable substantial and trans-categorical properties. Hick’s view suffers from several problems. As a second order analysis of religions, Hick’s view is not a correct one. To reject naturalism, it falls into an epistemological circle, where distinction between formal (...) and substantial properties fades away. It seems that Hick is captured by a category mistake in the presentation of his own theory concerning authenticity of all religions to attain the "real an sich". (shrink)

At the time of his premature death at the age of forty-three, the written output of Ali Shariati was remarkable. He wrote in a variety of styles and forms and read extensively from vastly distinct literary traditions. While in recent years, Anglophone scholarship on his work has situated him rightfully among critical anticolonial thinkers such as Frantz Fanon, his contribution to a worldly reimagining of comparative literature has not received the same attention. This essay offers a framing of his work (...) within the field of comparative literature, with a particular focus on his adaptation of Dante’s Divine Comedy. By studying his mode of engagement with this canonical text, this essay provides an introductory analysis to the comparative literary practice of a towering Iranian intellectual. It can also serve as a model for a comparative literature practicum that privileges the work of a writer from the Global South. (shrink)

This Handbook addresses Chaucer's poetry in the context of several disciplines, including late medieval philosophy and science, Mediterranean culture, comparative European literature, vernacular theology, and popular devotion.

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

There is a quotation in the Holly Quran from the book of Psalms in 21:105: “The righteous shall inherit the earth”. A similar sentence can be found in Psalm37:29: צַדִּיקִים יִֽירְשׁוּ־אָרֶץ וְיִשְׁכְּנוּ לָעַד עָלֶֽיהָ. A comparison between these verses would illustrate that “صالح” is the Quranic equivalent of the Hebrew word “צַדִּיקִ”. This equivalence would allow us to compare usages of “صالح” in Quran and “צַדִּיקִ” in the book of Psalms. This comparative study will show that: (a) on the one (...) hand, “צַדִּיקִ” has been used in Psalms either as an attribute of God or as a description of some peoples and on the other, “صالح” has been used in Quran for describing either some peoples or their acts, (b) These two words have similar usages in Psalms and Quran to the extent that they have been used for the description of some peoples and (c) the Quranopsalmic use of this notion can be linked with the concept of “divine selection(istifā)”. (shrink)

Populism is on the rise, especially in Western Europe. While it is often assumed that populist actors have a tendency for fallacious reasoning, this has not been systematically investigated. We analyze the use of informal fallacies by right-wing populist politicians and their representation in the media during election campaigns. We conduct a quantitative content analysis of press releases of right-wing populist parties and news articles in print media during the most recent elections in the United Kingdom and Switzerland in 2015. (...) The results show that fallacies are used in more than a third of all analyzed texts and overwhelmingly co-occur with populist key messages. Moreover, fallacies occur more often in populist parties’ press releases than in news articles and are more common in Switzerland compared to the United Kingdom. This study confirms the argument that populist actors use fallacies in combination with populist claims. (shrink)

This paper focuses on two highly publicized formal trade-offs in the field of responsible artificial intelligence (AI) -- between predictive accuracy and fairness and between predictive accuracy and interpretability. These formal trade-offs are often taken by researchers, practitioners, and policy-makers to directly imply corresponding tensions between underlying values. Thus interpreted, the trade-offs have formed a core focus of normative engagement in AI governance, accompanied by a particular division of labor along disciplinary lines. This paper argues against this prevalent interpretation by (...) drawing attention to three sets of considerations that are critical for bridging the gap between these formal trade-offs and their practical impacts on relevant values. I show how neglecting these considerations can distort our normative deliberations, and result in costly and misaligned interventions and justifications. Taken together, these considerations form a sociotechnical framework that could guide those involved in AI governance to assess how, in many cases, we can and should have higher aspirations than the prevalent interpretation of the trade-offs would suggest. I end by drawing out the normative opportunities and challenges that emerge out of these considerations, and highlighting the imperative of interdisciplinary collaboration in fostering responsible AI. (shrink)

Machine learning algorithms are increasingly used to shape high-stake allocations, sparking research efforts to orient algorithm design towards ideals of justice and fairness. In this research on algorithmic fairness, normative theorizing has primarily focused on identification of “ideally fair” target states. In this paper, we argue that this preoccupation with target states in abstraction from the situated dynamics of deployment is misguided. We propose a framework that takes dynamic trajectories as direct objects of moral appraisal, highlighting three respects in which (...) such trajectories can be subject to evaluation in relation to their temporal dynamics, robustness, and representation. (shrink)

Diffusions in Architecture: Artificial Intelligence and Image Generators delves into the impact of Diffusion AI algorithms and generative image models on architecture design and aesthetics. The book presents an in-depth analysis of how these new technologies are revolutionizing the field of architecture. The architects presented in the book focus on the application of specific AI techniques and tools used in generative design, such as Diffusion models, Dall-E2, Stable Diffusion, and MidJourney. It discusses how these techniques can generate synthetic images that (...) are both realistic and imaginative, creating new possibilities for architectural design and aesthetics. This comprehensive overview of the impact of Diffusion AI algorithms and generative image models on the field of architecture shows how they are changing the way architects approach their work. With a foreword by Lev Manovich—artist, writer and one of the world's most influential digital culture theorists. Sharing the work and insights of a team of designers and theorists from a range of backgrounds, offering disciplinary depth, and covering the full impact of these tools and models on architecture, Diffusions in Architecture includes information on: Fresh perspectives on design and aesthetics, with designs, images, and commentary from 22 leading architects, theorists, and designersThe potential of prompt engineering and text-to-image models applicable to a broad interdisciplinary audienceWhether image generators, or AI in general, will be an aid for human design, or potentially displace humans from the market fundamentals of a larger debate in the architectural discourse (and practice) on the use of image generatorsCollecting the different ideas that have emerged in the field, Diffusions in Architecture provides architects, designers, concept artists, and theorists with an overview of this cornucopia of architectural imaginations produced in a common effort between humans and artificial intelligence. (shrink)

A commentary on al-Yazdī's gloss on al-Taftāzānī's Tahdhīb al-manṭiq wa-al-kalām; logic, Arabic logic; early works to 1800.

The traditional approaches to epistemology are task-oriented and enjoy prescriptive aspects. They do not allow the employment of empirical sciences in epistemology. This is because they believe that such sciences lack any kind of prescriptive aspect and enjoy a descriptive nature. Some contemporary epistemological theoreticians, such as realist naturalists, believe that we have no choice but to employ empirical sciences in epistemology, for they provide us with a more accurate understanding of concepts such as justification and knowledge. It appears that (...) we are able to provide the necessary answers to the problems posed by traditional epistemologists in this regard. Therefore, the use of empirical sciences in epistemology is not only permissible but also necessary. (shrink)

How an abstract immaterial being is connected to a physical thing has been viewed variously by western philosophers who considered the issue prior to their Muslim counterparts.Muslim theologians and philosophers, however, developed the related discussions which became heated following the translation of logical books and essays throughout the Translation Era.The focus of this article, besides clarifying the ideas raised by Muslim philosophers in this regard,is to shed light on Mulla Sadra's opinion and its influence on the later philosophers, Abd-ul-Razzaq Lahiji (...) in particular.To explain his opinion,Mulla Sadra primarily brings a proof to establish the unity of the soul,and to prove this,he has refuted the reasons used by the opposing philosophers through negation and affirmation.Using negation,he comments on why there can't be a unity of soul, and then refers to his opponent's inability to distinguish between specific unity and generic unity considering the latter equal to vegetable,animal and human spirits.Soul and body,Mulla Sadra reiterates,are attached to each other in two ways; in one way,soul is attached to body and yet it is contingent on itself and not on the person's being; in the other way,soul is attached to body while the person's potentialities are actualized; this second type of attachment relates to obtaining existential virtues.It must be noted that Mulla Sadra's belief in these two types of attachment results from his belief in the trans-substantial motion in which soul is also involved.Mulla Sadra works out a solution to the question of relation between soul and body and their effects on one another by proposing the mediation of a veiled spirit, since the soul which belongs to a world of pure light does not involve itself directly in the affairs of the dark body. The veiled spirit is as subtle as the non-material soul and as corporeal as it needs in connectionwith body.This view has been argued by Allameh Tabatabii who thinks corporeal qualities and ontological status must be kept separated and not be mixed.Lahiji,on the other hand, seems to have accepted Mulla Sadra's idea looking at it as a philosophical question,not a medical case. He,like Mulla Sadra, while considering unity for soul, thinks of it as having properties such as sensation imagination estimation intellection. According to Lahiji,the unity of soul and body is like the unity of matter and form; however,unlike natural forms,it does not subsist in matter and interestingly,this notion resembles Neo-Platonist views. (shrink)

The research discussed in this paper centers around the convergence of extended reality (XR) platforms, computational design, digital fabrication, and critical urban study practices. Its aim is to cultivate interdisciplinary and multiscalar approaches within these domains. The research endeavor represents a collaborative effort between two primary disciplines: critical urban studies, which prioritize socio-environmental justice, and integrated digital design to production, which emphasize the realization of volumetric or voxel-based structural systems. Moreover, the exploration encompasses augmented reality to assess its utilization in (...) both the assembly process of the structures and the integration of phygital (physical and digital) data with the physical environment. Within the context of these research scopes, this paper introduces FabriCity-XR as an interactive phygital installation. In addition to presenting an overview of the integrated research driven and performative design to production methodologies, the project showcases the practical implementation of web-based augmented reality trails, eliminating the requirement for external applications for interaction. This approach allows users to seamlessly navigate and engage with phygital content overlaid on physical objects using their personal smart devices. The result is a captivating and immersive user experience that effectively merges the physical and digital realms. (shrink)

Reza Akbari Solving moral conflicts entails a decision-making process. So any suggested approach to moral conflicts is included in the domain of practical rationality. The practical rationality is based on theoretical rationality. Both the theoretical and practical rationality have a realistic kind of approach and an idealistic kind of approach. In the theoretical rationality, the idealistic approaches demand certainty in a strict sense, following epistemic guidelines; and in the practical rationality, they demand the best possible choice. Nevertheless, there are (...) some difficulties with the idealistic approaches. Concerning the realistic approaches, we can gain access to two truths: First, each situation is an individual circumstance and each person has certain epistemic features, and so it is not possible to present general, universalizable solutions to conflicts even in a particular scope. Second, the acceptance of some propositions is a voluntary act, and so cognitive space and previous beliefs of any individual have a role in the acceptance of a belief and the following universalizations. By attention to extensive emphasis of the religion on moral doctrines, it can be said that religious education through practical patterns has a positive role in solving moral conflicts. (shrink)

Diversity of social identities can improve the performance of groups through varied cognitive and communicative pathways. Recently, research efforts have focused on identifying when we should expect to see these potential benefits in real-world settings. While most research to date has studied this topic at individual and interpersonal levels, in this paper, we develop an agent-based model to explore how various aspects of homophily, the tendency of individuals to associate with similar others, affects performance at a larger scale. Study 1 (...) examines how two types of homophily---identity-driven and opinion-driven---impact collective performance on a sequential decision-making task via modulating network formation and trust relations. Study 2 considers how the presence of identity-based conformity pressure can affect the findings from the first study. Overall, we find that the effect of homophily on performance is complex, depending on the operative dimensions of similarity, mediating pathways, and the specific outcome of interest. Finally, we discuss the implications of our results for policy interventions aiming to improve group performance. (shrink)

Kristeva’s Revolution in Poetic Language offers a challenge to theories of the subject in psychoanalysis, linguistic theory, and in philosophy. Central to that challenge is Kristeva’s conception of negativity. In this article, I trace the development of the concept of negativity in Revolution in Poetic Language from its root in Hegel, to rejection, which Kristeva develops out of Freud. Both are crucial to the development of the material dialectic between the semiotic and the symbolic that makes up Kristeva’s subject-in-process/on trial. (...) I argue that a clearer understanding of Kristeva’s conception of negativity helps us to better appreciate the force of Kristeva’s challenge, both philosophically and politically. Finally I argue that Kristevan negativity also helps us to clarify the relation between the delimited space of politics and its conditions, laying the groundwork for constitutive exclusion as political critique and opening a space for the possibility of political re-constitutions. (shrink)

Josef Albo, Spanish Rabbi and Jewish Philosopher, writes his Sefer ha-iqqarim in the interval between the Tortosa Disputation and the expulsion of the Jews from Spain. The book is based on the ideas of Maimonides. In Early Modem Times it becomes an important source in Christian theological discussions.

In the hopes of finding supporting evidence for various accounts of actual causation, many philosophers have recently turned to psychological findings about the influence of norms on counterfactual cognition. Surprisingly little philosophical attention has been paid, however, to the question of why considerations of normality should be relevant to counterfactual cognition to begin with. In this paper, I follow two aims. First, against the methodology of two prominent psychological accounts, I argue for a functional approach to understanding the selectivity of (...) counterfactual cognition. Second, I take some steps towards a systematic analysis by providing a qualitative, decision‐theoretic account of one important function of counterfactual thinking, namely, inferring, in the face of undesirable outcomes, corrective policies that prevent the occurrence of similar outcomes in future circumstances. I make a case for employing this analysis by (a) showing its value for assessing the rationality of imagination‐driven counterfactual generation, (b) highlighting its use for making sense of practices in history and policy analysis where counterfactual selection plays a central role, and (c) demonstrating its diagnostic value for identifying areas where counterfactual generation may lead us into epistemic and ethical troubles. (shrink)

جان هیک با وام گرفتن از مفهوم «دیدن به عنوان...» ویتگنشتاین و تعمیم آن به کل تجربه‌های ادراکی و نیز وام‌گیری از تمایز کانتی میان نومن و فنومن میان «حقیقت فی نفسه» و «حقیقت عند المدرک» تمایز می‌نهد . حقیقت فی نفسه همان خداوند در عالم واقع است و حقیقت عند المدرک همان تصوری است که در هر دین از خداوند ارائه شده است. دوتمایز ذکر شده مهم‌ترین مبنای معرفت شناختی نظریه کثرت گرایانه هیک را در باب ادیان تشکیل می‌دهند. (...) به نظر می‌رسد نظریه ادراک و نظریه توجیه در نظریه کثرت گرایانه هیک در باب ادیان از نوعی ابهام برخوردار هستند. (shrink)

Nasr Hamid Abu Zayd, the contentious Egyptian thinker, has proposed different ideas about the revelation and the Qur’an and encountered with different reactions. He made endeavor to provide some natural and non metaphysical explanations for the Islamic phenomena. In this regard he went through the miraculous feature of the Qur’an differently and reduced it to a cultural-literary phenomenon that everyone who knows Arabic takes it as a fundamental cultural text. Analyzing the literature and the linguistic mechanism of the Qur’an from (...) the viewpoint of the current literary criticism will show its role in the creation of history and culture. This view is radically different from the viewpoint of faithful people because it reduces the religious attitude to a cultural atmosphere in which the Qur’an is like the other masterpieces which may be literary criticized. The content of the Qur’an, in this kind of criticism, is ignored while in the current literary criticism the content is heeded too. (shrink)

Die Entwicklung einer „personalisierten Medizin“ ist zurzeit in aller Munde. Insbesondere die personalisierte Arzneimitteltherapie gewinnt infolge der pharmakologischen und molekulargenetischen Entwicklungen immer mehr an Bedeutung. Dies macht es erforderlich, die Auswirkungen der personalisierten Arzneimitteltherapie auf die gesetzliche Krankenversicherung (GKV) und die Patientenversorgung zu untersuchen. In diesem Zusammenhang stellt sich die Frage nach einer „Orphanisierung“: Könnten Arzneimittel der personalisierten Medizin regelmäßig als Orphan Drugs, also als Arzneimittel für seltene Leiden, ausgewiesen werden, würde für sie nach dem Arzneimittelneuordnungsgesetz (AMNOG) grundsätzlich kein Nachweis (...) des Zusatznutzens im Rahmen der vom Gemeinsamen Bundesausschuss (GBA) vorzunehmenden frühen Nutzenbewertung erforderlich werden. Entscheidend für die Ausweisung des Arzneimittels als Orphan Drug ist unter anderem die Prävalenzrate der Patientengruppe, deren Erkrankung mit dem Arzneimittel behandelt werden soll. In diesem Zusammenhang kommt der Stratifizierung von Patientengruppen im Rahmen der personalisierten Arzneimitteltherapie eine besondere Bedeutung zu. Eine solche „Orphanisierung“ hätte für die GKV wegen der mangelnden Kenntnis von dem Zusatznutzen des Arzneimittels insbesondere preisrechtliche Konsequenzen; für die Patienten sind die Folgen durchaus differenzierter zu betrachten. (shrink)

The aim of the present study is to propose an approach to legal translation quality so as to address the idiosyncrasies in legal studies and to confront the challenges and flaws of previous paradigms and models of translation quality assessment. The present approach is associated with the micro-macro textual, contextual, and legal components/variables in the pursuit of an adequate strategy through elaborating the decision making process for translation. The elements of the decision making process remain constant between translation relevancy/brief, and (...) the translation product in the source text analysis, reformulation and revision stages. Translation competence, translation product, and the translation decision making process are all the evaluative standards for both quality controllers and translators. Also, this study scrutinizes the impact of translation quality assessment involving professional and training contexts besides managerial quality. In the upshot, this approach has the potential to reduce subjectivity in the quality of legal translation based on particular methodologies. The proposed framework assists the need for the evaluation of the quality of legal translation to boost the quality benchmarks in the professional environment. (shrink)

ZusammenfassungDie Entwicklung einer „personalisierten Medizin“ ist zurzeit in aller Munde. Insbesondere die personalisierte Arzneimitteltherapie gewinnt infolge der pharmakologischen und molekulargenetischen Entwicklungen immer mehr an Bedeutung. Dies macht es erforderlich, die Auswirkungen der personalisierten Arzneimitteltherapie auf die gesetzliche Krankenversicherung (GKV) und die Patientenversorgung zu untersuchen. In diesem Zusammenhang stellt sich die Frage nach einer „Orphanisierung“: Könnten Arzneimittel der personalisierten Medizin regelmäßig als Orphan Drugs, also als Arzneimittel für seltene Leiden, ausgewiesen werden, würde für sie nach dem Arzneimittelneuordnungsgesetz (AMNOG) grundsätzlich kein Nachweis (...) des Zusatznutzens im Rahmen der vom Gemeinsamen Bundesausschuss (GBA) vorzunehmenden frühen Nutzenbewertung erforderlich werden. Entscheidend für die Ausweisung des Arzneimittels als Orphan Drug ist unter anderem die Prävalenzrate der Patientengruppe, deren Erkrankung mit dem Arzneimittel behandelt werden soll. In diesem Zusammenhang kommt der Stratifizierung von Patientengruppen im Rahmen der personalisierten Arzneimitteltherapie eine besondere Bedeutung zu. Eine solche „Orphanisierung“ hätte für die GKV wegen der mangelnden Kenntnis von dem Zusatznutzen des Arzneimittels insbesondere preisrechtliche Konsequenzen; für die Patienten sind die Folgen durchaus differenzierter zu betrachten. (shrink)

Self-disclosures on online social networks have received increased attention in the last two decades. Researchers from different disciplines investigated manifold influencing variables, and studies applied different theories to explain why many users share very sensitive and personal information despite potential risks and negative consequences, whereas others do not. Oftentimes, it is argued that self-disclosure decisions result from a kind of rational “calculus” of risks and benefits. However, such an assumption of rationality can and has been criticized. Nevertheless, fundamental cognitive and (...) affective mechanisms that underlie self-disclosure decision making on social networks are still under-explored. By building upon previous self-disclosure theories and models, dual-and tripartite-system perspectives of decision making, and former empirical findings, we propose a Tripartite Self-Disclosure Decision model that conceptualizes inner processes of online self-disclosure decision making. Central to this model is the proposed interaction of three neural and cognitive/affective systems: a reflective, an impulsive, and an interoceptive system. We further highlight individual and environmental features, which can impact individuals’ online self-disclosure decisions by influencing the proposed inner decision-making processes targeting the aforementioned three systems. Possible short- and long-term consequences are also discussed, which in turn can affect certain model components in subsequent self-disclosure decision situations. By taking such a neurocognitive perspective, we expand current research and models, which helps to better understand potentially risky information sharing on online social networks and can support attempts to prevent users from incautious self-disclosures. (shrink)