Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave (...) rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-ww2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (icl) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as icl’s birthplace and even more generally as the turning-point in international law’s attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present’s likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the ‘Grotian Moment’ concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past. (shrink)

There is currently no consensus regarding what measures are most valid to demonstrate perceptual processing without awareness. Likewise, whether conscious perception and unconscious processing rely on independent mechanisms or lie on a continuum remains a matter of debate. Here, we addressed these issues by comparing the time courses of subjective reports, objective discrimination performance and response priming during meta-contrast masking, under similar attentional demands. We found these to be strikingly similar, suggesting that conscious perception and unconscious processing cannot be dissociated (...) by their time course. Our results also demonstrate that unconscious processing, indexed by response priming, occurs, and that objective discrimination performance indexes the same conscious processes as subjective visibility reports. Finally, our results underscore the role of attention by showing that how much attention the stimulus receives relative to the mask, rather than whether processing is measured by conscious discrimination or by priming, determines the time course of meta-contrast masking. (shrink)

The paper defends the thesis that institutional virtue is properly modeled as a ‘‘consensual’’ property, along the lines of the Lehrer–Wagner model of consensus (LWC). In a first step, I argue that institutional virtue is not exhausted by duty-fulfilling, since institutions, contrary to natural individuals, are designed to fulfill duties. To avoid the charge of vacuity, virtue, if attributed to institutions, must be able to motivate supererogatory action. In a second step, I argue against dis- continuity of institutional virtue with (...) individual virtue. Two main arguments for discontinuity of collective properties display serious shortcomings when applied to virtues of institutions. Given that motivation for supererogatory action is neither inferred from statutory duties nor accommodates a right of reprobation, modeling institutional virtue on collective rationality or explaining it in terms of joint com-mitment both prove problematic. In a third step, I argue that LWC has the explanatory potential to account for institutional virtue. Due to its main features,iteration and evaluation, it provides a non-trivial analysis of continuity and thereby satisfies basic constraints on the notion of genuine institutional virtue. (shrink)

The contributions gathered in this volume present the state of the art in key areas of current social ontology. They focus on the role of collective intentional states in creating social facts, and on the nature of intentional properties of groups that allow characterizing them as responsible agents, or perhaps even as persons. Many of the essays are inspired by contemporary action theory, emotion theory, and theories of collective intentionality. Another group of essays revisits early phenomenological approaches to social ontology (...) and accounts of sociality that draw on the Hegelian idea of recognition. This volume is organized into three parts. First, the volume discusses themes highlighted in John Searle's work and addresses questions concerning the relation between intentions and the deontic powers of institutions, the role of disagreement, and the nature of collective intentionality. Next, the book focuses on joint and collective emotions and mutual recognition, and then goes on to explore the scope and limits of group agency, or group personhood, especially the capacity for responsible agency. The variety of philosophical traditions mirrored in this collection provides readers with a rich and multifaceted survey of present research in social ontology. It will help readers deepen their understanding of three interrelated and core topics in social ontology: the constitution and structure of institutions, the role of shared evaluative attitudes, and the nature and role of group agents. (shrink)

The recent emergence of machine-manipulated media raises an important societal question: How can we know whether a video that we watch is real or fake? In two online studies with 15,016 participants, we present authentic videos and deepfakes and ask participants to identify which is which. We compare the performance of ordinary human observers with the leading computer vision deepfake detection model and find them similarly accurate, while making different kinds of mistakes. Together, participants with access to the model’s prediction (...) are more accurate than either alone, but inaccurate model predictions often decrease participants’ accuracy. To probe the relative strengths and weaknesses of humans and machines as detectors of deepfakes, we examine human and machine performance across video-level features, and we evaluate the impact of preregistered randomized interventions on deepfake detection. We find that manipulations designed to disrupt visual processing of faces hinder human participants’ performance while mostly not affecting the model’s performance, suggesting a role for specialized cognitive capacities in explaining human deepfake detection performance. -/- . (shrink)

The present article focuses on the case of the 2012 hunger-strike of Palestinian prisoners in Israeli jails. We analyze the ethical dilemma involved in the way the Israeli medical community reacted to these hunger-strikes and the question of force feeding within the context of the fundamental dual-loyalty structure inherent in the Israeli Prison Services—system. We argue that the liberal perspective that focuses the discussion on the dilemma between the principle of individual autonomy and the sanctity of life tends to be (...) oblivious to the asymmetrical relation of power that characterizes the prison system and to the socio-political context in which hunger-strikes take place. Emphasizing hunger-strikes as political acts implies that health practitioners’ conducts cannot be analyzed only through the prism of clinical medical ethics. It requires a public health ethics’ approach, an approach that understands health in the context of the complex relationship between society, state, organizations, communities and individuals. The authors are both academics and volunteers in Physicians for Human Rights—Israel thus our analysis is based both on sociological and public health ethics principles and on the continuous work and advocacy for the right to health of prisoners. (shrink)

Let T be a simple L-theory and let \ be a reduct of T to a sublanguage \ of L. For variables x, we call an \-invariant set \\) in \ a universal transducer if for every formula \\in L^-\) and every a, $$\begin{aligned} \phi ^-\ L^-\text{-forks } \text{ over }\ \emptyset \ \text{ iff } \Gamma \wedge \phi ^-\ L\text{-forks } \text{ over }\ \emptyset. \end{aligned}$$We show that there is a greatest universal transducer \ and it is type-definable. In (...) particular, the forking topology on \\) refines the forking topology on \\) for all y. Moreover, we describe the set of universal transducers in terms of certain topology on the Stone space and show that \ is the unique universal transducer that is \-type-definable with parameters. If \ is a theory with the wnfcp and T is the theory of its lovely pairs of models we show that \\) and give a more precise description of the set of universal transducers for the special case where \ has the nfcp. (shrink)

We show that in a simple theory T in which the τf-topologies are closed under projections every type analyzable in a supersimple τf-open set has ordinal SU-rank. In particular, if in addition T is unidimensional, the existence of a supersimple unbounded τf-open set implies T is supersimple. We also introduce the notion of a standard τ-metric and show that for simple theories its completeness is equivalent to the compactness of the τ-topology.

The binding group theorem for stable theories is partially extended to the simple context. Some results concerning internality are proved. We also introduce a ‘small’ normal subgroup G0+ of the automorphism group and show that if p is Q-internal then it has a finite exponent and G/G0+ is interpretable.

Die Studie untersucht die systematischen Beziehungen der zentralen Begriffe in Bernard Bolzanos Erkenntnistheorie, die einen logisch-semantischen Realismus mit einer kausalistischen Metaphysik des Geistes verknüpft. Bolzano situiert grundlegende epistemische Aktivitäten wie Vorstellen, Urteilen und Ableiten im Spannungsfeld von logischen Relationen und dem Kausalnexus mentaler Episoden. Die Studie erläutert die Bedeutung der prominenten Begriffe 'Kraft' und 'Wahrscheinlichkeit' im Hinblick auf die erkenntnistheoretischen Belange von Wissen und Rechtfertigung. Der Begriff der Kraft begründet eine kausalistische Metaphysik von Geist und Welt und damit die Bedingungen (...) faktischer Erkenntnisverläufe. Der Begriff der Wahrscheinlichkeit bezeichnet Begründungsrelationen zwischen objektiven Propositionen, die für die rationale Berechtigung von Überzeugungen bestimmend sind. Zusammen konstituieren Faktivität und Normativität von Erkenntnisansprüchen die epistemische Wahrscheinlichkeit der "Zuversicht", die Urteilen einerseits assertive Kraft und andererseits die Berechtigung verleiht, sie als Erkenntnis anzunehmen. (shrink)

This paper aims at understanding the concept of convention in mechanics as a notion transferred from the field of jurisprudence. This enables us to clarify it as a new epistemic category having a pertinent role in the transformation of mechanics in the nineteenth century. Such understanding permits a separation from linguistic and arbitrary conventions, thus highlighting its epistemic features and not transforming fundamental principles into mere arbitrary agreements. After addressing the main references in the literature discussing the role of convention (...) in mechanics, we analyze its classical use as a concept originating from law. Then we explain its use by Carl G. Jacobi, Ferdinand F. Reech, and J. Henri Poincaré. Here we also show how their uses conform to the features analyzed regarding conventions in jurisprudence. Finally, we try to explain how the use of this concept, among other factors, contributed to the transformation of mechanics. (shrink)

The aim of the present paper is to evaluate the notion of collective guilt feeling both in the light of research in affectivity and in collective intentionality. The paper is divided into an introduction and three main sections. Section 1) highlights relevant features of guilt‐family emotions such as the relation between feeling guilt and objective guilt, the relation between feeling guilt and its content, and the relation between feeling guilt and the ‘self’. Moreover, the distinction between feeling guilt and feeling (...) regret is given due attention. Section 2) examines Margaret Gilbert's arguments in favor of a collectivist view of collective guilt feeling , according to which groups do genuinely feel guilt. Against the collectivist position I argue for an individualist ‘membership account’ of collective guilt feeling in terms of individual members' we‐feeling of guilt. The membership account of collective guilt feeling is vindicated on grounds of a naturalist and non‐judgmentalist understanding of emotions, as well as on the logic of personal pronouns. It combines individualism regarding the subject of the feeling with collectivism regarding the irreducibility of we‐feelings and provides, as I further argue, the required moral force attributed to collective guilt feeling. The concern of section 3) is the question of the appropriate emotional response to collective wrongdoing. I argue against the view that group members are categorically ‘committed to feel guilt as a body’ for wrongdoings committed by the group. Given that individual members often do not participate in their groups' wrongdoings, it seems unjust to impose a requirement for feeling guilt upon them. I suggest that in a general account of the appropriate assessment of collective wrongdoing, feeling regret is the better candidate than feeling guilt for the role of the minimally required emotional response.For us collectively to feel guilt over our action A is for us to be jointly committed to feeling guilt as a body over our action A. [. . .] The parties [. . .] constitute, as far as possible, a single subject of guilt feelings .[A] collective cannot respond affectively [. . .], only its constitutive members can. The lack of an affective counter‐response is troubling, because the efficacy of responses of accountability partially depends upon affect. The response of shame, guilt, and regret help to register the significance of the harm. (shrink)

Medicine has undergone substantial changes in the way medical dilemmas are being dealt with. Here we explore the attitude of Israeli physicians to two debatable dilemmas: disclosing the full truth to patients...

In the introduction to his famous book, La Science et l’hypothèse, Poincaré remarks on the necessary role and legitimacy of hypotheses. He establishes a triple classification of hypotheses, dividing them into verifiable, useful, and apparent. However, in chapter 9, entitled ‘Les hypothèses en physique’, he gives a slightly different triadic classification: natural hypotheses, indifferent hypotheses, and real generalizations. The origin of this second classification is a lecture given at the International Congress of Physics, Paris, 1900. What are the similarities and (...) differences between these two classifications? My main purpose is to provide a possible equivalence between the two classifications in order to clarify the role of hypotheses in Poincaré’s epistemology of natural science. The discussion will be based on the two fundamental texts mentioned above and on the contrast between Poincaré’s use of the notion of hypothesis and that of some of his contemporaries. (shrink)

It is relevant to interpret the perception that students with disabilities, teachers, and managers have about an inclusive educational program, to identify and describe the facilitators and barriers during the training of those students; analyze the relevance of the inclusive program from the perceptions of the participating actors; and assess the program's supports from the perception of students with disabilities. This is a mixed investigation of sequential design and phenomenological approach carried out through surveys and in-depth interviews with the actors.

We extend the dichotomy between 1-basedness and supersimplicity proved in Shami :309–332, 2011). The generalization we get is to arbitrary language, with no restrictions on the topology [we do not demand type-definabilty of the open set in the definition of essential 1-basedness from Shami :309–332, 2011)]. We conclude that every hypersimple unidimensional theory that is not s-essentially 1-based by means of the forking topology is supersimple. We also obtain a strong version of the above dichotomy in the case where the (...) language is countable. (shrink)

We generalize Shelah's analysis of cardinality quantifiers for a superstable theory from Chapter V of Classification Theory and the Number of Nonisomorphic Models. We start with a set of bounds for the cardinality of each formula in some general invariant family of formulas in a superstable theory (in Classification Theory, a uniform family of formulas is considered) and find a set of derived bounds for all formulas. The set of derived bounds is sharp: up to a technical restriction, every model (...) that satisfies the original bounds has a sufficiently saturated elementary extension that satisfies the original bounds and such that for each formula the set of its realizations in the extension has arbitrarily large cardinality below the corresponding derived bound of the formula. (shrink)

Let T be simple, work in Ceq over a boundedly closed set. Let p ∈ S(θ) be internal in a quasi-stably-embedded type-definable set Q (e.g., Q is definable or stably-embedded) and suppose (p, Q) is ACL-embedded in Q (see definitions below). Then Aut(p/Q) with its action on pC is type-definable in Ceq over θ. In particular, if p ∈ S(θ) is internal in a stably-embedded type-definable set Q, and pC υ Q is stably-embedded, then Aut(p/Q) is type-definable with its action (...) on pC. (shrink)

We point out some connections between existence of homogenous sets for certain edge colorings and existence of branches in certain trees. As a consequence, we get that any locally additive coloring (a notion introduced in the paper) of a cardinal κ has a homogeneous set of size κ provided that the number of colors μ satisfies. Another result is that an uncountable cardinal κ is weakly compact if and only if κ is regular, has the tree property, and for each (...) there exists such that every tree of height μ with λ nodes has less than branches. (shrink)

The paper discusses Bernard Bolzano’s epistemological approach to believing and knowing with regard to the epistemic requirements of an axiomatic model of science. It relates Bolzano’s notions of believing, knowing and evaluation to notions of infallibility, immediacy and foundational truth. If axiomatic systems require their foundational truths to be infallibly known, this knowledge involves both evaluation of the infallibility of the asserted truth and evaluation of its being foundational. The twofold attempt to examine one’s assertions and to do so by (...) searching for the objective grounds of the truths asserted lies at the heart of Bolzano’s notion of knowledge. However, the explanatory task of searching for grounds requires methods that cannot warrant infallibility. Hence, its constitutive role in a conception of knowledge seems to imply the fallibility of such knowledge. I argue that the explanatory task contained in Bolzanian knowing involves a high degree of epistemic virtues, and that it is only through some salient virtue that the credit of infallibility can distinguish Bolzanian knowing from a high degree of Bolzanian believing. (shrink)

It has been argued that neural data are an especially sensitive kind of personal information that could be used to undermine the control we should have over access to our mental states, and therefore need a stronger legal protection than other kinds of personal data. The Morningside Group, a global consortium of interdisciplinary experts advocating for the ethical use of neurotechnology, suggests achieving this by treating legally ND as a body organ. Although the proposal is currently shaping ND-related policies, it (...) is not clear what its conceptual and legal basis is. Treating legally something as something else requires some kind of analogical reasoning, which is not provided by the authors of the proposal. In this paper, I will try to fill this gap by addressing ontological issues related to neurocognitive processes. The substantial differences between ND and body organs or organic tissue cast doubt on the idea that the former should be covered by bodily integrity. Crucially, ND are not constituted by organic material. Nevertheless, I argue that the ND of a subject s are analogous to neurocognitive properties of her brain. I claim that s’ ND are a ‘medium independent’ property that can be characterized as natural semantic personal information about her brain and that s’ brain not only instantiates this property but also has an exclusive ontological relationship with it: This information constitutes a domain that is unique to her neurocognitive architecture. (shrink)

The non‐forking‐instances topology (NFI topology) is a topology on the Stone space of a theory T that depends on a reduct of T. This topology has been used in [6] to describe the set of universal transducers for (invariants sets that translate forking‐open sets in to forking‐open sets in T). In this paper we show that in contrast to the stable case, the NFI topology need not be invariant over parameters in but a weak version of this holds for any (...) simple T. We also note that for the lovely pair expansions, of theories with the weak non‐finite cover property (wnfcp), the topology is invariant over in. (shrink)

We show that if p is a real type which is almost internal in a formula φ in a simple theory, then there is a type p' interalgebraic with a finite tuple of realizations of p, which is generated over φ. Moreover, the group of elementary permutations of p' over all realizations of φ is type-definable.

The aim of this paper is to argue that there existed relevant interactions between mechanics and geometry during the first half of the nineteenth century, following a path that goes from Gauss to Riemann through Jacobi. By presenting a rich historical context we hope to throw light on the philosophical change of epistemological categories applied by these authors to the fundamental principles of both disciplines. We intend to show that presentations of the changing status of the principles of mechanics as (...) a mere epiphenomenon of the emergence of non-Euclidean geometries are inaccurate, that the relations between the two disciplines were richer than what is usually considered in the literature. These claims will be based on historical and philosophical arguments, starting from the fact that disciplinary boundaries at the time were not rigid as we are used today. It is widely known that the main figures we target worked in different areas, which is a first piece of evidence for the plausibility of our main thesis. (shrink)

The extent to which English law remedies injury to autonomy as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broadly as undervaluing women’s interest in reproductive autonomy. I then show by reference to English remedies (...) law’s first principles how imposed motherhood cases—Rees v Darlington and its predecessor McFarlane v Tayside Health Board—result in gender injustice when compared with other autonomy cases such as Chester v Afshar and Yearworth v North Bristol NHS Trust: A minor gender-neutral ITA is better remedied than the significant gendered harm of imposing motherhood on the claimant; men’s reproductive autonomy is protected to a greater extent than women’s; women’s reproductive autonomy is protected by an exceptional, derisory award. Worst of all, courts refuse to recognise imposed motherhood as detriment; and the deemed, mansplained, nonpecuniary joys of motherhood are used to offset pecuniary upkeep costs, forcing the claimant into a position she sought to avoid and thus further undermining her autonomy. The recent Singaporean case ACB v Thomson Medical Pte Ltd, awarding compensation for undermining the claimant’s genetic affinity in an IVF wrong-sperm-mix-up demonstrates some improvement in comparison to English law, and some shared gender injustices in the context of reproductive autonomy. ACB’s analysis is oblivious to the nature of reproductive autonomy harm as gendered; and prioritises the father’s interest in having genetic affinity with the baby over a woman’s interest in not having motherhood imposed upon her. (shrink)

In a simple theory with elimination of finitary hyperimaginaries if tp(a) is real and analysable over a definable set Q, then there exists a finite sequence ( $a_{i}|i \leq n^{*}$ ) $\subseteq dcl^{eq}$ (a) with $a_{n}*$ = a such that for every $i \leq n*$ , if $p_{i} = tp(a_{i}/{a_{i}|j < i}$ ) then $Aut(p_{i}/Q)$ is type-definable with its action on $p_{i}^{c}$ . A unidimensional simple theory eliminates the quantifier $\exists^{\infty}$ and either interprets (in $C^{eq}$ ) an infinite type-definable group (...) or has the property that ACL(Q) = C for every infinite definable set Q. (shrink)

The paper investigates semantic properties of expressions that suggest the possibility that emotions are shared. An example is the saying that a sorrow shared is a sorrow halved. I assume that such expressions on sharing an emotion refer to a specific mode of subjective experience, displayed in first person attributions of the form 'We share E'. Subjective attributions of this form are intrinsically ambiguous on all levels of their semantic elements: 'emotion', 'sharing' and 'We'. One question the paper seeks to (...) answer is whether and in what respect these semantic ambiguities mirror an indeterminacy of emotional experience. Discussing 'aggregate sharing' (of a determinate) in distinction of mere 'distributive sharing' (of a determinable), I argue that there is no sufficient criterion to determine which mode of sharing an emotional experience shaped as 'We feel E' displays. Disambiguation of this intrinsic indeterminacy must recur to situational parameters of individuals' de re relatedness. (shrink)