This is an extended, international edition of Justice Breyer's theory of constitutional interpretation, and the role of courts in a modern democracy. For the revised, international edition Breyer includes an examination of topical debates in Europe, including the legitimacy of the EU and religious freedom under the ECHR.

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

No hay en la historia reciente de la justicia constitucional contemporánea evidencia del diálogo académico entre dos jueces constitucionales supremos en activo.

Philosophie der Verkörperung : Grundlagen und Konzepte -- Dimensionene verkörperter Intersubjektivität -- Perspektivität als Grundstruktur leiblicher Erfahrung -- Interpersonalität und leibliche Performanz -- Der Mensch im Spiegel des Anderen -- Empathie und Intentionalität -- Empathie und Emotionalität -- Narrative Emphathie.

A Brief History of Time: From the Big Bang to Black Holes is a popular-science book on cosmology (the study of the origin and evolution of the universe) by British physicist Stephen Hawking. It was first published in 1988. Hawking wrote the book for readers who have no prior knowledge of the universe and people who are interested in learning.

This book investigates the relationships between gestures and artefacts theoretically and historically, by analyzing different phenomena stemming from a variety of fields such as robotics, archaeology, gesture studies, anthropology, philosophy, and gestural practices like choreography, music performance, and composition. It underlines how embodiment and technology change the interplay between maker and artefact over time and appeals to students and researchers in these fields. Its goal is to enable the reader to understand that the recurring topics and questions as well as (...) multi-level similarities are by no means accidental, but can best be understood if one pays attention to the intertwinements of materiality and cognition, praxis and techne. (shrink)

A comprehensive reassessment of the concept of mimesis in the history of ancient Greek aesthetics and philosophy of art, with particular attention to Plato, Aristotle, Hellenistic philosophy, and neoplatonism. There is also a wide-ranging review of arguments pro and contra the idea of artistic mimesis from the Renaissance to modern literar theory. The book challenges standard accounts in numerous respects and builds a new dialectical model with which to make sense of the entire history of mimeticist thinking in aesthetics.

In seiner Untersuchung der menschlichen Aufmerksamkeit gelingt Thiemo Breyer eine Neuinterpretation philosophischer Grundbegriffe wie Wahrnehmung und Bewusstsein, Subjektivität und Intersubjektivität, Erfahrung und Reflexion. Thiemo Breyer erforscht systematisch das Spektrum möglicher Abstufungen und Übergänge des Bewusstseinszustandes aus phänomenologischer und aus kognitionswissenschaftlicher Perspektive. Dabei werden subjektive Erlebnisweise und objektiv messbare Verhaltenskorrelate methodologisch aufeinander bezogen.

Aboutness has been studied from any number of angles. Brentano made it the defining feature of the mental. Phenomenologists try to pin down the aboutness-features of particular mental states. Materialists sometimes claim to have grounded aboutness in natural regularities. Attempts have even been made, in library science and information theory, to operationalize the notion. But it has played no real role in philosophical semantics. This is surprising; sentences have aboutness-properties if anything does. Aboutness is the first book to examine through (...) a philosophical lens the role of subject matter in meaning. A long-standing tradition sees meaning as truth-conditions, to be specified by listing the scenarios in which a sentence is true. Nothing is said about the principle of selection--about what in a scenario gets it onto the list. Subject matter is the missing link here. A sentence is true because of how matters stand where its subject matter is concerned. Stephen Yablo maintains that this is not just a feature of subject matter, but its essence. One indicates what a sentence is about by mapping out logical space according to its changing ways of being true or false. The notion of content that results--directed content--is brought to bear on a range of philosophical topics, including ontology, verisimilitude, knowledge, loose talk, assertive content, and philosophical methodology. Written by one of today's leading philosophers, Aboutness represents a major advance in semantics and the philosophy of language. (shrink)

Das traditionelle Selbstverstandnis des Menschen in der westlichen Kultur ist gekennzeichnet von dem Dualismus von Natur und Kultur oder Korper und Geist. Demgegenuber fassen neuere Konzeptionen des "verkorperten Geistes" (embodied mind) zunehmend die Wechselwirkungen von biologischer, anthropologischer und kultureller Evolution ins Auge. Damit dynamisiert sich der traditionelle Gegensatz von Natur und Kultur zu einem Prozess, in dem die beiden Momente ineinander verschrankt sind und sich wechselseitig bestimmen. Auf dieser Basis lasst sich die Kontinuitat der menschlichen Evolution als stufenformige Transformation der (...) gesamten korperlichen Struktur des Lebewesens Mensch begreifen. Der Band vereint geistes-, kultur- und naturwissenschaftliche Perspektiven auf unterschiedlichen Ebenen und Zeitskalen der menschlichen Entwicklung und tragt damit zur Grundlegung des neuen Forschungsgebiets einer Interdisziplinaren Anthropologie bei. (shrink)

​​​​​As psychology and philosophy arose as answers to the eternal question of how the mind works, evolutionary psychology has gained ground over recent years as a link between cognitive-behavioral and natural-science theories of the mind. This provocative field has also gathered a wide range of criticisms, from attributing too much autonomy to the brain to basing itself on faulty assumptions about our prehistoric past. Epistemological Dimensions of Evolutionary Psychology reframes its discipline for the contemporary era, correcting common misconceptions and mediating (...) between different schools of thought. By focusing on the nature and limits of knowledge and reasoning--the essence of epistemology--contributors offer fresh insights at the intersection of human cognitive abilities as adaptations and our self-perception of knowledge, including evolutionary perspectives on altruism, depression, or the phasing out of human sacrifice. This diversity strengthens and vindicates the field, as evinced by thought-provoking dispatches such as: Toward a cognitive philosophy of science. Evolutionary media psychology and its epistemological foundation. The "meme" meme revisited. Depression as an adaptation. Like me: a homophily-based account of human culture. Preparedness to learn about the world: evidence from infant research. An engaging and often controversial testament to the combined power of evolution and logic, Epistemological Dimensions of Evolutionary Psychology will intrigue philosophers as well as psychologists in a variety of subdisciplines. (shrink)

In Return to Reason, Stephen Toulmin argues that the potential for reason to improve our lives has been hampered by a serious imbalance in our pursuit of ...

Stephen Hetherington's prominent career within epistemology has been a series of distinctive, bold, varied and provocative arguments and ideas. Bringing together Hetherington's unique body of writing for the first time, this collection features previously published as well as new material that link his approaches to key issues including knowledge, justification, fallibility, scepticism and the Gettier Problem. Advancing our understanding of the systemic nature of Hetherington's thinking, Stephen Hetherington on Epistemology presents his distinctive perspective on some of philosophy's central (...) questions about knowledge - an inviting blend of forensic detail and 'big picture' proposals. (shrink)

We distinguish between the paradigm of game theory in which individuals act directly and that of social choice in which an impartial observer acts on the basis of social preferences, which in turn are derived from individual preferences. Much of the critique of Sen brought forward by Buchanan and de Jasay and Kliemt rests on a confusion of these two paradigms.

There is an ever increasing shortage of human organ transplants in Germany. This paper aims at understanding the reasons for that shortage better and then discusses various ways to overcome it. After estimating the potential supply of donor organs it is discussed why actual supply remains far below potential supply. Insufficient reimbursement for hospitals, a lack of incentives to donate, and mistaken donation rules are diagnosed to cause the shortage. Thus, organ shortage is due not to natural constraints but to (...) inappropriate social institutions. Introducing a presumed consent rule, reciprocity in organ allocation, better payments for hospitals and for donors seem potential remedies. (shrink)

Human activity is permeated by norms of all sorts: moral norms provide the 'code' for what we ought to do, norms of logic regulate how we ought to reason, scientific norms set the standards for what counts as knowledge, legal norms determine what is lawfully permitted and what isn't, aesthetic norms establish canons of beauty and shape artistic trends and practices, and socio-cultural norms provide criteria for what counts as tolerable, just, praiseworthy, or unacceptable in a community or milieu. Given (...) the diversity of norm-governed phenomena prevailing in our everyday experience, it is not surprising that the question of normativity has recently generated important debates in philosophy. However, the more specific question concerning the nature and function of 'norms in perceptual experience' has received comparatively little attention. This volume brings together scholars from philosophy of mind, philosophy of perception, and phenomenology to explore this question. (shrink)

Defenders of pragmatic encroachment in epistemology (or what I call practicalism) need to address two main problems. First, the view seems to imply, absurdly, that knowledge can come and go quite easily—in particular, that it might come and go along with our variable practical interests. We can call this the stability problem. Second, there seems to be no fully satisfying way of explaining whose practical interests matter. We can call this the “whose stakes?” problem. I argue that both problems can (...) be addressed in roughly the same terms. More exactly, I argue that by first clarifying the whose stakes? problem an answer to the stability problem naturally falls out. (shrink)

Can hybridism about moral claims be made to work? I argue it can if we accept the conventional implicature approach developed in Barker (Analysis 2000). However, this kind of hybrid expressivism is only acceptable if we can make sense of conventional implicature, the kind of meaning carried by operators like ‘even’, ‘but’, etc. Conventional implictures are a form of pragmatic presupposition, which involves an unsaid mode of delivery of content. I argue that we can make sense of conventional implicatures, but (...) doing so requires we embrace a form of pure, non-hybrid expressivism. This is a cognitivist expressivism I have developed elsewhere. We need cognitivist expressivism to make sense of how we evaluate—judge as correct or incorrect—implicature-bearing sentences. Once we embraced the possibility of this pure expressivism, we might as well be pure expressivists about normative discourse too. I show how we can do that. The motivations for a specifically hybrid theory are dialectically undercut. (shrink)

Elizabeth Anscombe famously argued that "modern moral philosophy" centrally involved unsupported notions of obligation and culpability. Modern Moral Philosophy: From Grotius to Kant exhibits, for the first time, resources that modern moral philosophers had to respond to Anscombe's challenge, also enhancing our own philosophical grasp of morality and its foundations.

This paper responds to Sven Bernecker’s argument that agent reliabilism cannot accommodate internalist intuitions about clarvoyance cases. In section 1 we clarify a version of agent reliabilism and Bernecker’s objections against it. In section 2 we say more about how the notion of cognitive integration helps to adjudicate clairvoyance cases and other proposed counterexamples to reliabilism. The central idea is that cognitive integration underwrites a kind of belief ownership, which in turn underwrites the sort of responsibility for belief required for (...) subjective justification. In section 3 we say more about what cognitive integration amounts to, drawing on some recent accounts of desire ownership from the literature on autonomy and moral responsibility. (shrink)

In this paper I elucidate various ways in which understanding can be seen as an excellence of the mind or intellectual virtue. Along the way, I take up the neglected issue of what it might mean to be an “understanding person”—by which I mean not a person who understands a number of things about the natural world, but a person who steers clear of things like judgmentalism in her evaluation of other people, and thus is better able to take up (...) different perspectives and view them with a sympathetic eye. Being an understanding person in this sense seems to be a character-level virtue that interestingly combines moral and epistemic elements; it also seems to be a virtue particularly needed in our age of deep political division, where it is commonly said that failures of mutual understanding are partly to blame for this problem. (shrink)

Keith Augustine’s critical evaluation of the essay contest sponsored by the Bigelow Institute of Consciousness Studies (BICS) is an interesting but problematic review. It mixes reasonable and detailed criticisms of the contest and many of the winning essays with a disappointing reliance on some of the most trite and superficial criticisms of parapsychological research. Ironically, Augustine criticizes the winning essays for using straw-man arguments and cherry-picked evidence even though many of his own arguments commit these same errors.

Many experimental philosophers are philosophers by training and professional affiliation, but some best work in experimental philosophy has been done by people who do not have advanced degrees in philosophy and do not teach in philosophy departments. This chapter explains that the experimental philosophy is the empirical investigation of philosophical intuitions, the factors that affect them, and the psychological and neurological mechanisms that underlie them. It explores what are philosophical intuitions, and why do experimental philosophers want to study them using (...) the methods of empirical science. The positive program in experimental philosophy shares the goal of the substantial part of traditional philosophy that is concerned with the analysis of important philosophical concepts. The negative program has implications for philosophical projects whose goal is conceptual analysis. There have been a number of responses to the challenge posed by experimental philosophy's negative program. The chapter also focuses on the expertise defense. (shrink)

Why is there anything, rather than nothing at all? This question often serves as a debating tactic used by theists to attack naturalism. Many people apparently regard the question—couched in such stark, general terms—as too profound for natural science to answer. It is unanswerable by science, I argue, not because it’s profound or because science is superficial but because the question, as it stands, is ill-posed and hence has no answer in the first place. In any form in which it (...) is well-posed, it has an answer that naturalism can in principle provide. The question therefore gives the foes of naturalism none of the ammunition that many on both sides of the debate think it does. (shrink)

In this article, from the 2009 Oxford University Press collection Epistemic Value, I criticize existing accounts of epistemic normativity by Alston, Goldman, and Sosa, and then offer a new view.

Philosophical Perspectives on Art presents a series of essays devoted to two of the most fundamental topics in the philosophy of art: the distinctive character of artworks and what is involved in understanding them as art. In Part I, Stephen Davies considers a wide range of questions about the nature and definition of art. Can art be defined, and if so, which definitions are the most plausible? Do we make and consume art because there are evolutionary advantages to doing (...) so? Has art completed the mission that guided its earlier historical development, and if so, what is to become of it now? Should architecture be classified as an art form? -/- Part II turns to the interpretation and appreciation of art. What is the target and purpose of the critic's interpretation? Is interpretation primarily directed at uncovering artists' intended meanings? Can apparently contradictory interpretations of a given piece both be true? Are interpretative evaluations entailed by descriptions of a work's aesthetic and artistic characteristics? In addition to providing fresh answers to these and other central questions in aesthetics, Davies considers the nature and content of metaphor, and the relation between the expressive qualities of a work of art and the emotions of its creator. (shrink)

In November 2022, OpenAI released ChatGPT, an incredibly sophisticated chatbot. Its capability is astonishing: as well as conversing with human interlocutors, it can answer questions about history, explain almost anything you might think to ask it, and write poetry. This level of achievement has provoked interest in questions about whether a chatbot might have something similar to human intelligence or even consciousness. Given that the function of a chatbot is to process linguistic input and produce linguistic output, we consider the (...) question whether a sophisticated chatbot might have inner speech. That is: Might it talk to itself, internally? We explored this via a conversation with ‘Playground’, a chatbot which is very similar to ChatGPT but more flexible in certain respects. We asked it questions which, plausibly, can only be answered if one first produces some inner speech. Here, we present our findings and discuss their philosophical significance. (shrink)

Violence has become a prominent topic in recent phenomenological investigations. In this paper, I wish to contribute to this ongoing discourse by looking at violence in a literal sense as violation of experiential structures, insofar as it is intentionally, purposefully, and strategically imposed on a subject by another agent. Phenomenology provides the descriptive methodology for elucidating such structures. The violation can take the form of a radicalization, in which one of the aspects of polar experiential spectra becomes predominant, i.e. the (...) balance between them is shifted to one extreme. I focus on the relationship between self and other on the one hand, and the relationship between body-as-subject and body-as-object on the other, as prominent topoi in the phenomenological literature. With regard to torture and solitary confinement as forms of extreme violence, I analyze how these structures are disturbed. (shrink)

This book draws connections between recent advances in analytic philosophy of mind and insights from the rich phenomenological tradition concerning the nature of thinking. By combining both analytic and continental approaches, the volume arrives at a more comprehensive understanding of the mental process of "thinking" and the experience and manipulation of objects of thought. Contributors scrutinize aspects of thinking that have a common grounding in both the phenomenological and analytic tradition: perception, language, logic, embodiment and situatedness due to individual history (...) or current experience. This collection serves to broaden and enrich the current debate over "cognitive phenomenology," and lays the foundations for further dialogue between analytic and continental approaches to the phenomenal character of thinking. (shrink)

The long human odyssey of self-discovery has reached a crucial stage: everything we do affects everyone and everything else - and we know it. The next hundred years will bring more change than we can easily imagine: more opportunities for more people to achieve the fulfilment of a good life, and more risks that could result in catastrophic harm to the entire planet.Viewed geopolitically, the main question is whether the world-views of the world's most important and influential powers - China (...) and America (the one fundamentally Confucian, the other essentially individualist) - can be made to work together constructively.At the same time, on a deeper level, the even greater question is how the irreversible fact of urbanisation may nurture healthy and mature human individuality, such that the accumulated wisdom of the world's great cultures becomes mutually transforming and enriching.This bold and wide-ranging book explores those questions, with all the risks and opportunities they hold for generations still to com"--Publisher information. (shrink)

The field of modern day bioethics is relatively young and continues to constantly evolve in parallel with the ever increasingly complex nature of contemporary medical practice. These advances present clinicians with an array of therapeutic options that would have not seemed possible only a generation ago. Given these medical advances and the expansion of the academic and medicolegal field of bioethics, one would have thought that clinical decision making would have become easier. However paradoxically this has not proved to be (...) the case. Each advance may provide an answer to a particular clinical question which is almost immediately replaced by a whole new set of ethical problems that require consideration. (shrink)

Traces the rise and fall of successive international systems from medieval times to the present, showing how international order is created, how it is maintained, and why it breaks down.

Edmund Husserl and Ernst Cassirer rank among the most important philosophers of the 20th century. Despite the differences between their philosophical outlooks, their investigations show a common enduring interest in the exploration of human culture. This volume provides the first extensive analysis of Husserl’s and Cassirer’s approaches to the philosophy of culture, assembling contributions by leading international scholars and young researchers. The chapters offer insights into issues such as the various modalities of sense-giving in culture, the relationship between perception and (...) meaning, the place of science in culture, the dismissal of scientism, and the possibility of humanism. (shrink)

This book draws connections between recent advances in analytic philosophy of mind and insights from the rich phenomenological tradition concerning the nature of thinking. By combining both analytic and continental approaches, the volume arrives at a more comprehensive understanding of the mental process of "thinking" and the experience and manipulation of objects of thought. Contributors scrutinize aspects of thinking that have a common grounding in both the phenomenological and analytic tradition: perception, language, logic, embodiment and situatedness due to individual history (...) or current experience. This collection serves to broaden and enrich the current debate over "cognitive phenomenology," and lays the foundations for further dialogue between analytic and continental approaches to the phenomenal character of thinking. (shrink)

Tracing the history of American sociology since the Civil War, the authors of this important volume explain the field′s diversity, its lack of unifying paradigms, its broad, eclectic research agenda and its general weakness as an institutional force in either academia or the policy arena. They highlight the equivocal and often contradictory missions that sociologists prescribe for themselves and the variable nature of human, financial and intellectual resources available to the profession.