In recent years, the postulation that deception is necessary for placebos to have an effect on pain relief or increased well-being has come into question. Latest studies have shown that an openly administered mock drug works just as well as a deceptively administered placebo on certain complaints. This open-label placebo effect has primarily been used in the area of pain treatment so far. This study is the first to examine the effect of such placebos on healthy individuals with the use (...) of drinking water. In two experiments, participants were required to use certain specified water bottles for their daily drinking water consumption. At the beginning of Experiment 1, all participants received one bottle of water, which they were asked to refill themselves each day during a 2-week intervention period. In Experiment 2, participants received a new sealed water bottle every day. In both experiments, participants were randomly assigned to one of four groups: no treatment, open-label placebo without rationale, open-label placebo with rationale, and open-label placebo with additional rationale in a suggested relaxed state. We conducted baseline and post-treatment measurements of the subjective perceived physical and mental well-being of the participants. In Experiment 1, only the OPR++ group reported enhanced vitality at the post-treatment level compared to the other groups. In Experiment 2, post-treatment measurements showed improvements for the OPR++ group in the Physical Performance Capability, Mental Performance Capability, Emotional Balance, Overall Recovery, Negative Emotional State, and Overall Stress categories compared to the other groups. Our results support the idea that placebos with an additional rationale in a suggestive relaxed state are more effective than with just a rationale in a normal state. Furthermore, our study shows the tendency that OLP++ in the form of water with health claims may be more effective when the water is given in several sealed bottles separately than in one sealed but refillable bottle. (shrink)

In the Transcendental Aesthetic (TA), Kant is typically held to make negative assertations about “things in themselves,” namely that they are not spatial or temporal. These negative assertions stand behind the “neglected alternative” problem for Kant’s transcendental idealism. According to this problem, Kant may be entitled to assert that spatio-temporality is a subjective element of our cognition, but he cannot rule out that it may also be a feature of the objective world. In this paper, I show in a new (...) way how Kant’s view (focusing on his conclusions about space) is not subject to this objection, by showing that he does not make the denial about mind-independent reality that he is typically held to make. The argument develops consequences of a new reading of Kant’s expression “an sich selbst” (‘in itself’; ‘in themselves’). I argue that “an sich selbst” or “per se” has a special, judgment-level role, so that this expression does not form new noun-terms adjectivally. It follows that the conceptual unit of Kant’s “Conclusions” in the TA is simply “things” (Dinge), since “things in themselves” is not a nominal expression; Kant adopts the Wolffian ontological use of “thing” as the basic kind-term for any existent. The arguments that things per se are not in space are arguments that space cannot be a necessary property or relations of things as a kind. I show that this does not involve the positive claim about mind-independent reality that inspires the neglected alternative objection. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.

This masterful work on Kant's Religion within the Boundaries of Mere Reason explores Kant's treatment of the Idea of God, his views concerning evil, and the moral grounds for faith in God. Kant and Religion works to deepen our understanding of religion's place and meaning within the history of human culture, touching on Kant's philosophical stance regarding theoretical, moral, political, and religious matters. Wood's breadth of knowledge of Kant's corpus, philosophical sharpness, and depth of reflection sheds light not only on (...) Kant, but also on the fate of religion and its relation to philosophy in the modern world. (shrink)

De Interpretatione is among Aristotle's most influential and widely read writings; C. W. A. Whitaker presents the first systematic study of this work, and offers a radical new view of its aims, its structure, and its place in Aristotle's system. He shows that De Interpretatione is not a disjointed essay on ill-connected subjects, as traditionally thought, but a highly organized and systematic treatise on logic, argument, and dialectic.

Asperó and Schindler have completely solved the Axiom [Formula: see text] vs. [Formula: see text] problem. They have proved that if [Formula: see text] holds then Axiom [Formula: see text] holds, with no additional assumptions. The key question now concerns the relationship between [Formula: see text] and Axiom [Formula: see text]. This is because the foundational issues raised by the problem of Axiom [Formula: see text] vs. [Formula: see text] arguably persist in the problem of Axiom [Formula: see text] vs. (...) [Formula: see text]. The first of our two main theorems is that Axiom [Formula: see text] is equivalent to Axiom [Formula: see text], and as a corollary we show that Axiom [Formula: see text] fails in all the known models of [Formula: see text]. This suggests that [Formula: see text] actually refutes Axiom [Formula: see text]. Our second main theorem is that the [Formula: see text] Conjecture holds assuming [Formula: see text]. This is the strongest partial result known on this conjecture which is one of the central open problems of [Formula: see text]-theory and [Formula: see text]-logic. These results identify a fundamental asymmetry between the Continuum Hypothesis and any axiom which is both [Formula: see text]-expressible and which implies [Formula: see text], on the basis of generic absoluteness for the simplest of the nontrivial sentences of Third-Order Number Theory. These are the [Formula: see text]-sentences with no parameters. Such sentences are those which simply assert the existence of a set [Formula: see text] for which some property involving only quantification over [Formula: see text] holds. (shrink)

The late Jacob Klein’s important book is, remarkably, a lucid presentation of esoteric argument. Dealing with the famed Platonic triad, Theaetetus, Sophist, and Statesman, Klein settles the dispute about the missing dialogue, "The Philosopher," by first denying that it is missing and second showing that it is unnecessary. He argues, in short, that the triad is a dyad. That argument is reinforced by the distinction Klein strongly implies between the Socratic Theaetetus and the Eleatic Sophist and Statesman. "We can now (...) understand why the conversations of the ‘trilogy’ occur in two, not three, days and why the Sophist, the Statesman, and the Philosopher are dealt with in two, not three, dialogues". (shrink)

Visual attentional processes have been an important topic in psychological research for years. Over the last few decades, new methods have been developed, aiming to explore the characteristics of the focus of attention in more detail. Studies that applied the “Attention-Window Task” quantified the maximum extent of the “Attention Window” along its horizontal, vertical, and diagonal meridians, when subjects were required to perceive two peripheral stimuli simultaneously. In three experiments using the AWT, we investigated the effects of cue validity, stimulus-onset (...) asynchrony, and target stimuli complexity on the size and shape of the AW. Results showed that the AW was greater under valid cue conditions compared to invalid conditions, when the locations of cue and target stimuli differed. Furthermore, the AW decreased when the SOA between the cue and targets was reduced and also when the task complexity was higher and more objects within the target stimuli had to be classified. Overall, it can be stated that the AWT with its possible task changes and adjustments can be considered as a potential standard tool to measure the maximum spread and shape of the spatial AW. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy.

Derechos fundamentales, intereses y triunfos -- Proporcionalidad y moral -- El problema de la inconmensurabilidad -- Objeciones adicionales -- Análisis de caso.

This article investigates the concept and the construction of judicial discretion. The strengths and weaknesses of both Dworkin and Hart are analysed, and in view of these, it is argued that a full picture of judicial discretion is between the two extremes. Thus, a moderate theory of judicial discretion is maintained which is based on achievements by Robert Alexy (2002b). The article develops a balancing model of discretion and relates it to the theory of legal argumentation. The limits of discretion (...) and the relation between structural (strong) and epistemic (weak) discretion are addressed in detail, both with illustrations from the jurisdiction of the German Federal Constitutional Court. (shrink)

Inleidend studieboek op universitair niveau over de Nederlandse rechtswetenschap.

This is an in-depth study of J.G. Fichte’s philosophy of mathematics and theory of geometry. It investigates both the external formal and internal cognitive parallels between the axioms, intuitions and constructions of geometry and the scientific methodology of the Fichtean system of philosophy. In contrast to “ordinary” Euclidean geometry, in his Erlanger Logik of 1805 Fichte posits a model of an “ursprüngliche” or original geometry – that is to say, a synthetic and constructivistic conception grounded in ideal archetypal elements that (...) are grasped through geometrical or intelligible intuition. -/- Accordingly, this study classifies Fichte’s philosophy of mathematics as a whole as a species of mathematical Platonism or neo-Platonism, and concludes that the Wissenschaftslehre itself may be read as an attempt at a new philosophical mathesis, or “mathesis of the mind.” -/- “This work testifies to the author's exact and extensive knowledge of the Fichtean texts, as well as of the philosophical, scientific and historical contexts. Wood has opened up completely new paths for Fichte research, and examines with clarity and precision a domain that up to now has hardly been researched.” Professor Dr. Marco Ivaldo -/- “This study, written in a language distinguished by its limpidity and precision, and constantly supported by a close reading of the Fichtean texts and secondary literature, furnishes highly detailed and convincing demonstrations. In directly confronting the difficult historical relationship between the Wissenschaftslehre and mathematics, the author has broken new ground that is at once stimulating, decidedly innovative, and elegantly audacious.” Professor Dr. Emmanuel Cattin. (shrink)

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...) theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)