Investigating the causes of unethical behaviors in academia, such as scientific misconduct, has become a highly important research subject. The current performance measurement practices (e.g., equating research performance with the number of publications in top-tier journals) are frequently referred to as being responsible for scientists’ unethical behaviors. We conducted qualitative semi-structured interviews with different stakeholders of the higher education system (e.g., professors and policy makers; N = 43) to analyze the influence of performance measurement on scientists’ behavior. We followed a (...) three-step coding procedure and found (1) that the participants described a variety of positive behavioral consequences (e.g., higher productivity) but mainly negative behavioral consequences (e.g., questionable publishing practices) of current performance measurement practices in academia; (2) that scientists’ behavior can be described as gaming performance measurement (i.e., achieving performance goals by reducing performance quality and focusing on those tasks that are measured); and (3) that gaming performance measurement shares the same characteristics as deviant workplace behavior (i.e., a voluntary violation of organizational norms that harms the university). We discuss that gaming performance measurement has not been considered as a type of deviant workplace behavior in the previous literature. Furthermore, we draw from research on deviant workplace behavior and goal setting to discuss psychological processes that may underlie gaming performance measurement. Our results indicate the importance of connecting literature on deviant workplace behavior and goal setting to advance our understanding of gaming performance measurement. (shrink)

Introduction: Chinese philosophy and the translation of disciplines -- The faces of masters literature until the Eastern Han -- Scenes of instruction and master bodies in the Analects -- From scenes of instruction to scenes of construction: Mozi -- Interiority, human nature, and exegesis in Mencius -- Authorship, human nature, and persuasion in Xunzi -- The race for precedence: polemics and the vacuum of traditions in Laozi -- Zhuangzi and the art of negation -- The self-regulating state, paranoia, and rhetoric (...) in Han Feizi -- Epilogue: a future for masters literature and Chinese philosophy. (shrink)

Die Begriffe Körper und Gesundheit sind (nicht erst) seit dem sogenannten body-, corporeal- oder somatic-turn Gegenstand sehr unterschiedlicher Disziplinen und Perspektiven: Die Komplexität der Zusammenhänge, Verschränkungen, Bedingungen des Gegenstandspaares Körper-Gesundheit bis hin zur Identifikation macht es erforderlich, multidisziplinär und multiperspektivisch vorzugehen. In diesem Band sind unterschiedliche Disziplinen und Perspektiven versammelt, die sich aus ihrer Fachgenese und wissenschaftlichen Position heraus mit Körper, Leib und Gesundheit beschäftigen, um v.a. Forschungsfelder zu erschließen und praxeologische Konsequenzen zu benennen.

Health care in prison and particularly the health care of older prisoners are increasingly important topics due to the growth of the ageing prisoner population. The aim of this paper is to gain insight into the approaches used in the provision of equivalent health care to ageing prisoners and to confront the intuitive definition of equivalent care and the practical and ethical challenges that have been experienced by individuals working in this field. Forty interviews took place with experts working in (...) the prison setting from three Western European countries to discover their views on prison health care. Experts indicated that the provision of equivalent care in prison is difficult mostly due to four factors: variability of care in different prisons, gatekeeper systems, lack of personnel, and delays in providing access. This lack of equivalence can be fixed by allocating adequate budgets and developing standards for health care in prison. (shrink)

In Grimes v. Kennedy Krieger Institute (KKI), the Maryland Court of Appeals, while noting that U.S. federal regulations include risk standards for pediatric research, endorses its own risk standards. The Grimes case has implications for the debate over whether the minimal risk standard should be interpreted based on the risks in the daily lives of most children (the objective interpretation) or the risks in the daily lives of the children who will be enrolled in a given study (the subjective interpretation). (...) The court's use of the objective interpretation to block studies like the KKI study protects individual children who are worse off than the average child. Unfortunately, this approach also may block research intended to improve the lives of these same individuals. A similar dilemma arises in the context of multinational research, suggesting that a "modified objective standard," proposed to address this dilemma in the multinational setting, may offer a framework for addressing the dilemma in the context of pediatric research as well. (shrink)

In recent years, AI research has become more and more computationally demanding. In natural language processing, this tendency is reflected in the emergence of large language models like GPT-3. These powerful neural network-based models can be used for a range of NLP tasks and their language generation capacities have become so sophisticated that it can be very difficult to distinguish their outputs from human language. LLMs have raised concerns over their demonstrable biases, heavy environmental footprints, and future social ramifications. In (...) December 2020, critical research on LLMs led Google to fire Timnit Gebru, co-lead of the company’s AI Ethics team, which sparked a major public controversy around LLMs and the growing corporate influence over AI research. This article explores the role LLMs play in the political economy of AI as infrastructural components for AI research and development. Retracing the technical developments that have led to the emergence of LLMs, we point out how they are intertwined with the business model of big tech companies and further shift power relations in their favour. This becomes visible through the Transformer, which is the underlying architecture of most LLMs today and started the race for ever bigger models when it was introduced by Google in 2017. Using the example of GPT-3, we shed light on recent corporate efforts to commodify LLMs through paid API access and exclusive licensing, raising questions around monopolization and dependency in a field that is increasingly divided by access to large-scale computing power. (shrink)

Frames, i.e., recursive attribute-value structures, are a general format for the decomposition of lexical concepts. Attributes assign unique values to objects and thus describe functional relations. Concepts can be classified into four groups: sortal, individual, relational and functional concepts. The classification is reflected by different grammatical roles of the corresponding nouns. The paper aims at a cognitively adequate decomposition, particularly, of sortal concepts by means of frames. Using typed feature structures, an explicit formalism for the characterization of cognitive frames is (...) developed. The frame model can be extended to account for typicality effects. Applying the paradigm of object-related neural synchronization, furthermore, a biologically motivated model for the cortical implementation of frames is developed. Cortically distributed synchronization patterns may be regarded as the fingerprints of concepts. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically restricted (...) to reasoning within a system, and incapable therefore of making the notion of “legal system” sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.Resumen:En este ensayo se analizan algunos tópicos conceptuales y filosóficos de actualidad sobre el procedimiento y las pruebas desde la óptica de una teoría del derecho computacional. En él se presenta un mecanismo específico de investigación, relativo a los “troyanos” operados por la policía durante la investigación de delitos, y analiza si los enfoques formales contemporáneos sobre el razonamiento jurídico pueden ser modificados de tal modo que el código de sofware que subyace a este mecanismo puede representar las limitaciones jurídicas relevantes que deberían regir su operación. Los autores sostienen que las teorías formalistas tradicionales del razonamiento jurídico se limitan por lo general al razonamiento dentro de un sistema y, por lo tanto, son incapaces de hacer la noción de “sistema jurídico” suficientemente explícita. Asimismo, se discuten las posibilidades de ampliar estos enfoques e identificar los elementos necesarios de una teoría computacional del razonamiento jurídico en una era de fronteras porosas. (shrink)

Bewegungseinschränkende Maßnahmen werden in verschiedenen medizinischen Institutionen angewendet, um das Verhalten von Patienten durch physische bzw. mechanische oder chemische Eingriffe zu beeinflussen. Solche Maßnahmen stellen eine Art Freiheitsentziehung dar und bedürfen daher immer einer Rechtfertigung. Die Frage nach der Indikation für bewegungseinschränkende Maßnahmen ist abzuklären, da ein standardmäßiger Gebrauch nicht Ziel einer Behandlung sein sollte. Gesetze können als Richtschnur für behandelnde Ärzte und Pflegepersonal dienen. In der Schweiz ist am 1. Januar 2013 erstmals eine gesetzliche Regelung zu bewegungseinschränkenden Maßnahmen eingeführt (...) worden. Hauptziel dieser neuen Artikel im Schweizerischen Zivilgesetzbuch (Artikel 383 ff. ZGB) ist die Stärkung von Autonomie und persönlicher Freiheit von Patienten. Es ist wichtig, Vorschriften zu hinterfragen bzw. deren Auswirkungen für die betroffenen Personen zu analysieren und einen kritischen Dialog zu führen. Die vorliegende Publikation betrachtet bewegungseinschränkende Maßnahmen aus zwei verschiedenen Perspektiven: einerseits anhand einer medizinethischen Debatte, andererseits anhand einer Analyse der gesetzlichen Regelung in der Schweiz. Die neuen Artikel umfassen eine detaillierte Regelung zur „Einschränkung der Bewegungsfreiheit“. Dennoch schließen sie nicht alle bestehenden Regelungslücken. Die neue Schweizer Gesetzgebung kann daher nur als ein erster Schritt in die richtige Richtung betrachtet werden. Ausführungen zur praktischen Anwendung sind dringend nötig und sollten so schnell wie möglich ausgearbeitet werden. (shrink)

On Our Allotted Guardian Spirit is a lively and at times perplexing text combining general reflections on the nature of the soul with a discussion of the phenomenon of a personal guardian spirit. Plotinus wants to interpret Plato, and aims to integrate Plato's various statements about daimones into one comprehensive theory. This leads to some views that are, if not exotic, then at least strange on first encounter. However, a closer reading reveals that Plotinus is not interested in demonology per (...) se. Instead, the central concern of the treatise are ideas about the soul, the self, and self-consciousness. Plotinus' explorations produce a theory of the mind as the agent and activity responsible for a person’s ethical choices and conduct of life. The demon emerges as a philosophical tool passed down from Plato, but adapted and rationalized to try to explain motivation to action, the impulse toward the ethical life, and even the various differences in human ethical and psychological constitution. This innovative theory is a response to a strong and ongoing current of thought in the philosophical tradition. The introduction offers an overview of ancient demonologies, starting with Homer and the Presocratics, and is followed by an in-depth examination of Plato, the Stoics, Plotinus, and later Neoplatonic developments. As such the book presents Plotinus’ specific rationalizing response to the idea of a guardian spirit in the context of ancient philosophical demonologies. (shrink)

Guidelines around the world require children to provide assent for their participation in most research studies. Yet, little further guidance is provided on how review committees should implement this requirement, including which children are capable of providing assent and when the requirement for assent may be waived on the grounds that the research offers participating children the potential for important clinical benefit. The present paper argues that the assent requirement is supported by the importance of allowing children who are capable (...) to make their own decisions. This suggests children are capable of assent when they become able to understand the research in question. While development varies across individual children, existing data suggest most children develop this ability by approximately age 14. Until instruments are developed to assess the assent capacity of individual children, this age should be used as the threshold for assent. In addition, the importance of protecting children from harm suggests that the sustained dissent of all children, including those who are unable to provide assent, should be respected. While the assent requirement may be waived when research participation offers the potential for important medical benefit that is unavailable outside the research context, analysis suggests that children’s sustained dissent should be respected in all cases. (shrink)

In der Dissertation "Kausalität und Naturgesetze bei Hume und Kant" wird die These vertreten, dass sich in der Werken Kants vielfältige Antworten auf den Skeptizismus David Humes finden lassen. Kants Position zu Naturgesetzen und Kausalität wird insbesondere anhand seiner Theorien zu besonderen Naturgesetzen in der Kritik der reinen Vernunft, den Prolegomena, den Metaphysischen Anfangsgründen der Naturwissenschaft und in der Kritik der Urteilskraft untersucht. Geleitet wird die Untersuchung von der Frage, wie empirische Gesetze in Kants Philosophie gerechtfertigt werden. In diesem Zusammenhang (...) wird nicht nur gezeigt, wie Kants Transzendentalphilosophie ein Fundament für die Einzelwissenschaften bietet und diese legitimiert, sondern auch der epistemologische Aufbau von apriorischen zu empirischen Gesetzen und ihre Einordnung in Systeme. (shrink)

Algorithms play an increasing role within the process of digitalization of society. They are used for descriptions and predictions of consumers’ or citizens’ behavior. Sociologist Elena ….

Die gängige Unterscheidung zwischen 'Modellen von etwas' und 'Modellen für etwas' basiert weitgehend auf der Zuordnung der einen zu den Wissenschaften, der anderen zu den Künsten und den entwerfenden Disziplinen. Diese Aufteilung hält einer näheren Untersuchung nicht Stand. Zudem hat sie die Einsicht vereitelt, dass und wie Forschen und Entwerfen im Modell ineinander verflochten sind.

The philosophical literature would have us believe that the conservative view on abortion is based on the claim that the fetus is a person from the time of conception. Given the widespread acceptance of this analysis, it comes as something of a surprise to learn that it conflicts with a number of major arguments offered in support of the conservative view. I argue, in the present paper, that a careful examination of these inconsistencies establishes that the personhood analysis is mistaken: (...) the conservative view is based on the natural process of fetal development, not the personhood of the fetus. (shrink)

Guidelines for health research focus on protecting individual research subjects. It is also vital to protect the communities involved in health research. In particular, a number of studies have been criticized on the grounds that they exploited host communities. The present paper attempts to address these concerns by providing an analysis of community exploitation and, based on this analysis, determining what safeguards are needed to protect communities in health research against exploitation. (edited).

Net‐risk pediatric research encompasses interventions and studies that pose risks and do not offer a compensating potential for clinical benefit. These interventions and studies are central to efforts to improve pediatric clinical care. Yet critics argue that it is unethical to expose children to research risks for the benefit of unrelated others. While a number of ethical justifications have been proposed, none have received widespread acceptance. This leaves funders with uncertainty over whether they should support and institutional review boards with (...) uncertainty over whether they should approve net‐risk pediatric research. To try to answer these questions, this article describes a justification that I previously proposed and considers two objections to it. This analysis reveals that the opportunity to contribute to a valuable project can justify exposing children to risks even though some trials turn out to be valueless and others turn out to be harmful. It follows that, to protect pediatric participants, institutional review boards need to assess whether trials have the potential to collect socially valuable information and whether they are likely to enroll and retain a sufficient number of participants. (shrink)

The aim of this paper is to use a frame-based account to explain some empirical findings regarding the accessibility of synaesthetic metaphors. Therefore, some results of empirical studies will be discussed with regard to the question of how much it matters whether the concept of the source domain in a synaesthetic metaphor is a scalar or a quality concept. Furthermore, typed frames are introduced, and it is explained how the notion of a minimal upper attribute can be used in the (...) analysis of adjective-noun compounds. Finally, frames are used to analyze synaesthetic metaphors; it turns out that they offer an adequate basis for the explanation of different accessibility rates found in empirical studies. (shrink)

In Pninis grammar of Sanskrit one finds the ivastras, a table which defines the natural classes of phonological segments in Sanskrit by intervals. We present a formal argument which shows that, using his representation method, Pninis way of ordering the phonological segments to represent the natural classes is optimal. The argument is based on a strictly set-theoretical point of view depending only on the set of natural classes and does not explicitly take into account the phonological features of the segments, (...) which are, however, implicitly given in the way a language clusters its phonological inventory. The key idea is to link the graph of the Hasse-diagram of the set of natural classes closed under intersection to ivastra-style representations of the classes. Moreover, the argument is so general that it allows one to decide for each set of sets whether it can be represented with Pninis method. Actually, Pnini had to modify the set of natural classes to define it by the ivastras (the segment h plays a special role). We show that this modification was necessary and, in fact, the best possible modification. We discuss how every set of classes can be modified in such a way that it can be defined in a ivastra-style representation.1. (shrink)

The standard approach to treatment decision making for incapacitated patients often fails to provide treatment consistent with the patient’s preferences and values and places significant stress on surrogate decision makers. These shortcomings provide compelling reason to search for methods to improve current practice. Shared decision making between surrogates and clinicians has important advantages, but it does not provide a way to determine patients’ treatment preferences. Hence, shared decision making leaves families with the stressful challenge of identifying the patient’s preferred treatment (...) option. To address this concern, the present paper proposes to incorporate the use of a “Patient Preference Predictor” (PPP) into the shared decision-making process between surrogates and clinicians. A PPP would predict which treatment option a given incapacitated patient would most likely prefer, based on the individual’s characteristics and information on what treatment preferences are correlated with these characteristics. Use of a PPP is likely to increase the chances that incapacitated patients are treated consistent with their preferences and values and might reduce the stress and burden on their surrogates. Including a PPP in the shared decision-making process therefore has the potential to realize important ethical goals for making treatment decisions for incapacitated patients. The present paper justifies this approach on conceptual and normative grounds. (shrink)

A primary goal of clinical practice is to respect patient autonomy. To promote this goal for patients who have lost the ability to make their own decisions, commentators recommend that surrogates make their treatment decisions based on the substituted judgment standard. This standard is commonly interpreted as directing surrogates to make the decision the patient would have made in the circumstances, if the patient were competent. However, recent commentators have argued that this approach—attempting to make the decision the patient would (...) have made if competent—is theoretically problematic, practically infeasible, and ignores the interests of the patient9s family and loved ones. These commentators conclude that the substituted judgment standard should be revised significantly, or abandoned altogether. While this response would avoid the cited problems, it also would require substantial changes to clinical practice and would raise significant problems of its own. The present paper thus considers the possibility that the criticisms do not point to problems with the substituted judgment standard itself; instead, they point to problems with the way it is most commonly interpreted. This analysis suggests that the substituted judgment standard need not be dramatically revised or abandoned. Instead, it should be interpreted in a way that effectively promotes respect for the autonomy of incompetent patients. The ‘endorsed life’ interpretation described here helps clinicians and surrogates to achieve this important goal. To clarify this approach, we explain how it differs from three other recently proposed alternatives to the standard interpretation of the substituted judgment standard. (shrink)

It has recently been proposed to incorporate the use of a “Patient Preference Predictor” (PPP) into the process of making treatment decisions for incapacitated patients. A PPP would predict which treatment option a given incapacitated patient would most likely prefer, based on the individual’s characteristics and information on what treatment preferences are correlated with these characteristics. Including a PPP in the shared decision-making process between clinicians and surrogates has the potential to better realize important ethical goals for making treatment decisions (...) for incapacitated patients. However, developing and implementing a PPP poses significant practical challenges. The present paper discusses these practical challenges and considers ways to address them. (shrink)

Philosophical and sociological approaches in technology have increasingly shifted toward describing AI (artificial intelligence) systems as ‘(moral) agents,’ while also attributing ‘agency’ to them. It is only in this way – so their principal argument goes – that the effects of technological components in a complex human-computer interaction can be understood sufficiently in phenomenological-descriptive and ethical-normative respects. By contrast, this article aims to demonstrate that an explanatory model only achieves a descriptively and normatively satisfactory result if the concepts of ‘(moral) (...) agent’ and ‘(moral) agency’ are exclusively related to human agents. Initially, the division between symbolic and sub-symbolic AI, the black box character of (deep) machine learning, and the complex relationship network in the provision and application of machine learning are outlined. Next, the ontological and action-theoretical basic assumptions of an ‘agency’ attribution regarding both the current teleology-naturalism debate and the explanatory model of actor network theory are examined. On this basis, the technical-philosophical approaches of Luciano Floridi, Deborah G. Johnson, and Peter-Paul Verbeek will all be critically discussed. Despite their different approaches, they tend to fully integrate computational behavior into their concept of ‘(moral) agency.’ By contrast, this essay recommends distinguishing conceptually between the different entities, causalities, and relationships in a human-computer interaction, arguing that this is the only way to do justice to both human responsibility and the moral significance and causality of computational behavior. (shrink)

This article is currently available as a free download on ingentaconnect.

In On Divine Names the Christian neoplatonist Dionysius the Areopagite develops a philosophical mode in which the form of the text follows from and advances his topic. This has not been recognized mostly because modern philosophical treatises have followed primarily the expository line of the text. However, Dionysius’ topic here, how properly to name God or as he would put it more broadly, how to praise God, requires a technique of a certain indirection. In short, the reader cannot be led (...) by argument alone to appropriate naming of the divine. Instead, the reader is led to a performative, almost liturgical philosophizing. This paper will consider in particular Dionysius’ opening chapters that serve to orient the reader to such a performative mode and to Dionysius’ modification of neoplatonic thinking on naming the divine. (shrink)

The epimeleia tês psyches, that is, the formation and purification of the soul, is an important topic in Ancient Philosophy. As the soul is immaterial it can be difficult to understand what is meant by the idea of a formation of the soul. Many philosophers in Antiquity try to explain the meaning of the formation of the soul by using linguistic imagery, that is, similes, metaphors and myths. In this paper some of these images, in particular, the images of the (...) painter and sculptor of the soul, are presented and analysed. The function of these linguistic forms in the logic of the text and the conceptual differences between the image of the painter and the image of the sculptor are discussed. (shrink)

The epimeleia tês psyches, that is, the formation and purification of the soul, is an important topic in Ancient Philosophy. As the soul is immaterial it can be difficult to understand what is meant by the idea of a formation of the soul. Many philosophers in Antiquity try to explain the meaning of the formation of the soul by using linguistic imagery, that is, similes, metaphors and myths. In this paper some of these images, in particular, the images of the (...) painter and sculptor of the soul, are presented and analysed. The function of these linguistic forms in the logic of the text and the conceptual differences between the image of the painter and the image of the sculptor are discussed. (shrink)

When patients cannot make their own treatment decisions, surrogates typically step in to do it for them. Surrogate decision‐making is far from ideal, of course, as the surrogate may not know what the patient prefers or what best promotes her interests. One way to improve it would be to arm surrogates with information about what patients in similar circumstances tend to prefer, allowing them to make empirically grounded predictions about what their patient would want.

It is widely held that individuals who are unable to provide informed consent should be enrolled in clinical research only when the risks are low, or the research offers them the prospect of direct benefit. There is now a rich literature on when the risks of clinical research are low enough to enroll individuals who cannot consent. Much less attention has focused on which benefits of research participation count as ‘direct’, and the few existing accounts disagree over how this crucial (...) concept should be defined. This disagreement raises concern over whether those who cannot consent, including children and adults with severe dementia, are being adequately protected. The present paper attempts to address this concern by considering first what additional protections are needed for these vulnerable individuals. This analysis suggests that the extant definitions of direct benefits either provide insufficient protection for research subjects or pose excessive obstacles to appropriate research. This analysis also points to a modified definition of direct benefits with the potential to avoid these two extremes, protecting individuals who cannot consent without blocking appropriate research. (shrink)