In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” but (...) must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

This paper outlines a procedure for assessing the quality of failure explanations in engineering failure analysis. The procedure structures the information contained in explanations such that it enables to find weak points, to compare competing explanations, and to provide redesign recommendations. These features make the procedure a good asset for critical reflection on some areas of the engineering practice of failure analysis and redesign. The procedure structures relevant information contained in an explanation by means of structural equations so as to (...) make the relations between key elements more salient. Once structured, the information is examined on its potential to track counterfactual dependencies by offering answers to relevant what-if-things-had-been-different questions. This criterion for explanatory goodness derives from the philosophy of science literature on scientific explanation. The procedure is illustrated by applying it to two case studies, one on Failure Analysis in Mechanical Engineering (a broken vehicle shaft) and one on Failure Analysis in Civil Engineering (a collapse in a convention center). The procedure offers failure analysts a practical tool for critical reflection on some areas of their practice while offering a deeper understanding of the workings of failure analysis (framing it as an explanatory practice). It, therefore, allows to improve certain aspects of the explanatory practices of failure analysis and redesign, but it also offers a theoretical perspective that can clarify important features of these practices. Given the programmatic nature of the procedure and its object (assessing and refining explanations), it extends work on the domain of computational argumentation. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are themselves (...) procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

This volume explores the state of literary theory today, decades after the repeatedly proclaimed end of theory. It builds on the idea that theory is historically constituted as it is “always becoming something else” as Leslie Fiedler claimed in the 1950s, arguing that the historical constitution of theory relies on theory’s procedural nature. In order to assess theory’s procedural challenge to the fundamental notions that all the disciplines within an episteme have brought to the fore, it addresses these questions: What (...) are the procedures theory has relied on? Are they a secret to its resistance, or is resistance its primary procedure? And if so, a resistance to what? Secondly, if resistance were theory’s principal vehicle, at which point does resistance, conceptualized only procedurally (as resisting something, questioning anything, criticizing whatever), display hallmarks of a disciplinary closure that must call for new resistances, and perhaps for a fundamentally another kind? The book turns to what theory does in order to avoid a partial answer to what theory is. (shrink)

Workplace procedural justice is an important motivator for employee work attitude and performance. This research examines how procedural justice affects employee engagement. We developed three propositions. First, based on the group engagement model, we hypothesized that procedural justice enhances employee engagement through employee organizational identification. Second, employees with stronger moral identity centrality are more likely to be engaged in their jobs. Third, procedural justice compensates for the effect of moral identity centrality on employee engagement. Specifically, when procedural justice is higher, (...) employee moral identity centrality plays a less significant role in employee engagement; whilst when procedural justice is lower, the effect of moral identity centrality on employee engagement is stronger. Research findings based on an employee survey in a leading financial service organization provide support for the above propositions. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were (...) retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

Experimental work has revealed causal links between physical cleansing and various psychological variables. Empirically, how robust are they? Theoretically, how do they operate? Major prevailing accounts focus on morality or disgust, capturing a subset of cleansing effects, but cannot easily handle cleansing effects in non-moral, non-disgusting contexts. Building on grounded views on cognitive processes and known properties of mental procedures, we proposegrounded proceduresof separation as a proximate mechanism underlying cleansing effects. This account differs from prevailing accounts in terms of (...) explanatory kind, interpretive parsimony, and predictive scope. Its unique and falsifiable predictions have received empirical support: Cleansing attenuates or eliminates otherwise observed influences of prior events (1) across domains and (2) across valences. (3) Cleansing manipulations produce stronger effects the more strongly they engage sensorimotor capacities. (4) Reversing the causal arrow, motivation for cleansing is triggered more readily by negative than positive entities. (5) Conceptually similar effects extend to other physical actions of separation. On the flipside, grounded procedures ofconnectionare also observed. Together, separation and connection organize prior findings relevant to multiple perspectives (e.g., conceptual metaphor, sympathetic magic) and open up new questions. Their predictions are more generalizable than the specific mappings in conceptual metaphors, but more fine-grained than the broad assumptions of grounded cognition. This intermediate level of analysis sheds light on the interplay between mental and physical processes. (shrink)

Lately, it seems a number of philosophical memory theories are incorporating false memory phenomena into their conceptual frameworks. At the same time, scientific research is extending its analysis of false memories to nondeclarative forms of memory. However, both sides have paid little attention to the notion of false procedural memory. Yet, from everyday experience as well as from psychological investigation, we are aware of different ways procedural memory goes wrong. Here, I characterize the conceptual foundation of false procedural memory. First, (...) I distinguish remembering-how from knowing-how by proposing that remembering-how requires the performance of an act. Accordingly, genuine remembering-how is characterized as the performance of an act for which a respective ability has been acquired that is instrumental in the execution of said act. False remembering-how is identified as a kind of error where a subject acquires the ability to perform a certain act, which is then correctly executed, but is not what the subject tried to perform. This framework of false procedural memory is delineated from notions of interference and crosstalk. A comparison with current philosophical theories of false memory and analysis showing the relevance for current psychological research and everyday life concludes the paper. (shrink)

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

The procedures for structuring clinical ethics case reflections in a childhood cancer care setting are presented, including an eight-step model. Four notable characteristics of the procedures are: members of the inter-professional health care team, not external experts, taking a leading role in the reflections; patients or relatives not being directly involved; the model explicitly addressing values and moral principles instead of focussing exclusively on the interests of involved parties; using a case-based rather than principle-based method. By discusing the (...) advantages and disadvantages of the proposed procedures, our paper aims to contribute to the literature on models and procedures for ethical analysis that can be used in clinical settings. It is suggested that our proposed procedures have some advantageous features when it comes to promoting health care staff’s learning to structure their thinking about ethical issues. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Wilfred Sieg. Mechanical Procedures and Mathematical Experience.

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize appropriately conducted (...) deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

If definitive evidence concerning treatment effectiveness becomes available from an ongoing randomized clinical trial, then the trial could be stopped early, with the public release of results benefiting current and future patients. However, stopping an ongoing trial based on accruing outcome data requires methodological rigor to preserve validity of the trial conclusions. This has led to the use of formal interim monitoring procedures, which include inefficacy monitoring that will stop a trial early when the experimental treatment appears not to (...) be working. For participants, inefficacy monitoring is especially important as it ensures that they are not being treated worse than if they had not enrolled on the trial. We discuss the importance of reporting with trial results the formal interim inefficacy monitoring guidelines that were utilized, and, if none were used, the reasons for their absence. A survey of two leading medical journals suggests that this is not current practice. (shrink)

This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawls‟s taxonomy of proceduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation (...) Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a trans-contextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

The present research isolates the fairness assessment of the process used by the retailer to set a price, as well as the distributive fairness of the price compared to the price that others are offered, and examines the combined effect of procedural fairness and distributive fairness on overall price fairness. Two experimental studies examine procedural and distributive fairness effects on overall price fairness. In study 1, procedural fairness and distributive fairness are manipulated and found to interact to bring about overall (...) price fairness. In study 2, suspicion toward the seller is found to mediate the relationship between procedural fairness and overall price fairness when the price is disadvantageous. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes (...) a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawl’s taxonomy of prodeduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation (...) Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a transcontextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

We propose a view of embodied representations that is alternative to both symbolic/linguistic approaches and purely sensorimotor views of cognition, and can account for procedural and declarative knowledge manipulation. In accordance with recent evidence in cognitive neuroscience and psychology, we argue that anticipatory and simulative mechanisms, which arose during evolution for action control and not for cognition, determined the first form of representational content and were exapted for increasingly sophisticated cognitive uses. In particular, procedural and declarative forms of knowledge can (...) be explained, respectively, in terms of on-line sensorimotor anticipation and off-line simulations of potential actions, which can give access to tacit knowledge and make it explicit. That is, mechanisms that evolved for the on-line prediction of the consequences of one's own actions (i.e. forward models) determine a (procedural) form of representation, and became exapted for off-line use. They can therefore be used to produce (declarative) knowledge of the world, by running a simulation of the action that would produce the relevant information. We conclude by discussing how embodied representations afford a form of internal manipulation that can be described as internalized situated action. (shrink)

It is a well-established fact that we tend to underestimate our susceptibility to cognitive bias on account of overconfidence, and thereby often fail to listen to intellectual advice aimed at reducing such bias. This is the problem of intellectual deference. The present paper considers this problem in contexts where educators attempt to teach students how to avoid bias for purposes of instilling epistemic virtues. It is argued that recent research in social psychology suggests that we can come to terms with (...) this problem in two steps, the second of which involves educators communicating their intellectual advice in a procedurally just manner. The components of the relevant form of procedural justice are specified and related to Miranda Fricker and David Coady’s notions of epistemic justice. Finally, a series of objections are considered and responded to. (shrink)

The book is about logical analysis of natural language. Since we humans communicate by means of natural language, we need a tool that helps us to understand in a precise manner how the logical and formal mechanisms of natural language work. Moreover, in the age of computers, we need to communicate both with and through computers as well. Transparent Intensional Logic is a tool that is helpful in making our communication and reasoning smooth and precise. It deals with all kinds (...) of linguistic context in a fully compositional and anti-contextual way. (shrink)

Two semantic paradoxes, the Liar and Curry’s paradox, are analysed using a newly developed conception of procedural semantics (semantics according to which the truth of propositions is determined algorithmically), whose main characteristic is its departure from methodological realism. Rather than determining pre-existing facts, procedures are constitutive of them. Of this semantics, two versions are considered: closed (where the halting of procedures is presumed) and open (without this presumption). To this end, a procedural approach to deductive reasoning is developed, (...) based on the idea of simulation. As is shown, closed semantics supports classical logic, but cannot in any straightforward way accommodate the concept of truth. In open semantics, where paradoxical propositions naturally ‘belong’, they cease to be paradoxical; yet, it is concluded that the natural choice—for logicians and common people alike—is to stick to closed semantics, pragmatically circumventing problematic utterances. (shrink)

Procedure manuals and textually mediated deathThe procedure manual as a document represents the practice of nursing care. Analysis of such manuals allows us to explore discourses of nursing and the ways in which they frame nursing practice. A critical analysis of a hospital procedure manual using discourse analysis was undertaken. A specific excerpt concerning ‘Last offices’ is used as an example of the institutionalisation of organisational values and beliefs as these influence nursing care. ‘Last offices’ directs nursing practices related to (...) the death of a patient, and the laying out as preparation for the funeral director or coroner. The analysis shows that procedure manuals reproduce hegemonic ideologies of nursing. The analysis also shows how nursing practices are constituted by intersecting forces of differing locations such as the hospital as an organisation, the healthcare system and the wider society within which these function. (shrink)

In this paper I focus on the discussion between Rawls and Habermas on procedural justice. I use Rawls’s distinction between pure, perfect, and imperfect procedural justice to distinguish three possible readings of discourse ethics. Then I argue, against Habermas’s own recent claims, that only an interpretation of discourse ethics as imperfect procedural justice can make compatible its professed cognitivism with its proceduralism. Thus discourse ethics cannot be understood as a purely procedural account of the notion of justice. Finally I draw (...) the different consequences that follow from this reading. (shrink)

Formalised public participation in project approval procedures is rarely addressed in technology assessment. Empirical data about public participation processes are taken into account even more rarely. This article explores the practice of public participation in infrastructure projects in the Federal Republic of Germany on the basis of empirical data from the period of 1990 to 2010. The author compares the empirical data about participation processes with the targets of the public participation and asks for the reasons for the lack (...) of participation in formalised approval procedures. Furthermore, the author contrasts participation formats used in technology assessment with formalised public participation. In his conclusions, he advocates for a stronger combination of formalised and informal public participation in technology assessment. (shrink)

Collective procedural memory is a group’s memory of how to do things, as opposed to a group’s memory of facts. It enables groups to mount effective responses to periodic events (e.g., natural hazards) and to sustain collective projects (e.g., combatting climate change). This article presents an account of collective procedural memory called the Ability Conception. The Ability Conception has various advantages over other accounts of collective procedural memory, such as those appealing to collective know-how and collective identity. It also demonstrates (...) new applications for collective procedural memory. I develop three in this article: to social epistemology, to the ethics of memorialization, and to a pattern of group vulnerability to recurring hazardous events that I call the saeculum effect. (shrink)

Combines a theoretical interest in the mathematics of voting procedures with practical interest in the circumstances in which votes are cast. The most important results in the theory of voting are surveyed, and the differences between the principal types of voting procedures are explained.

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of (...) an effective procedure, without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis, that the class of effective procedures is undecidable, i.e., that there is no effective procedure for ascertaining whether a given procedure is effective. The proof does not even appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though the result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

Horsten and Roelants have raised a number of important questions about my analysis of effective procedures and my evaluation of the Church-Turing thesis. They suggest that, on my account, effective procedures cannot enter the mathematical world because they have a built-in component of causality, and, hence, that my arguments against the Church-Turing thesis miss the mark. Unfortunately, however, their reasoning is based upon a number of misunderstandings. Effective mundane procedures do not, on my view, provide an analysis (...) of ourgeneral concept of an effective procedure; mundane procedures and Turing machine procedures are different kinds of procedure. Moreover, the same sequence ofparticular physical action can realize both a mundane procedure and a Turing machine procedure; it is sequences of particular physical actions, not mundane procedures, which enter the world of mathematics. I conclude by discussing whether genuinely continuous physical processes can enter the world of real numbers and compute real-valued functions. I argue that the same kind of correspondence assumptions that are made between non-numerical structures and the natural numbers, in the case of Turing machines and personal computers, can be made in the case of genuinely continuous, physical processes and the real numbers. (shrink)

As cognitive enhancement research advances, important ethical questions regarding individual autonomy and freedom are raised. Advocates of cognitive enhancement frequently adopt a procedural approach to autonomy, arguing that enhancers improve an individual’s reasoning capabilities, which are quintessential to being an autonomous agent. On the other hand, critics adopt a more nuanced approach by considering matters of authenticity and self-identity, which go beyond the mere assessment of one’s reasoning capacities. Both positions, nevertheless, require further philosophical scrutiny. In this paper, we investigate (...) the ethics of cognitive enhancement through the lenses of political and philosophical arguments about autonomy and freedom. In so doing, we contend that a substantive, relational account of individual autonomy offers a more holistic understanding of the ethical concerns of cognitive enhancement. (shrink)

For a decade, we have admired the incisive and broadly informed works of Ladislav Tondl on the foundations of science. Now it is indeed a pleasure to include this book among the Boston Studies in the Philosophy of Science. We hope that it will help to deepen the collaborative scholar ship of scientists and philosophers in Czechoslovakia with the English reading scholars of the world. Professor Ladislav Tondl was born in 1924, and completed his higher education at the Charles University (...) iIi Prague. His doctorate was granted by the Institute of Information Theory and Automation. He was a professor and scientific research worker at the Institute for the Theory and Methodology of Science, which was a component part of the Czechoslovak Academy of Sciences. Tondl's principal fields of interest are the methodology of the empirical and experimental sciences, logical semantics, and cybernetics. For many years, he collaborated with Professor Albert Perez and others at the Institute of Information Theory and Automation in Prague, and he has undertaken fruitful collaboration with logicians in the Soviet and Polish schools, and been influenced by the Finnish logicians as well, among them Jaakko Hintikka. We list below a selection of his main publications. Perhaps the most accessible in presenting his central conception of the relationship between modem information theory and the methodology of the sciences is his 1965 paper with Perez, 'On the Role of Information Theory in Certain Scientific Procedures'. (shrink)

This book provides an evaluation of 18 voting procedures in terms of the most important monotonicity-related criteria in fixed and variable electorates. All voting procedures studied aim at electing one out of several candidates given the voters' preferences over the candidates. In addition to (strict) monotonicity failures, the vulnerability of the procedures to variation of the no-show paradoxes is discussed. All vulnerabilities are exemplified and explained. The occurrence of the no-show paradoxes is related to the presence or (...) absence of a Condorcet winner. The primary readership of this book are scholars and students in the area of social choice. (shrink)

A crucial part of the knowledge of molecular biologists is procedural knowledge, that is, knowledge of how to do things in laboratories. Procedural knowledge of molecular biologists involves both perceptual-motor skills and cognitive skills. We discuss such skills required in performing the most commonly used molecular biology techniques, namely, Polymerase Chain Reaction and gel electrophoresis. We argue that procedural knowledge involved in performing these techniques is more than just knowing their protocols. Creative exploration and experience are essential for the acquisition (...) of procedural knowledge in molecular biology. With enough experience, molecular biologists make intuitive judgments without recourse to analytical reasoning. We propose that procedural knowledge is intuitive recognition of the patterns of one's environment that are the most relevant for making a decision or acting appropriately. Finally, we argue that knowledge of molecular biologists requires an integration of procedural knowledge and propositional knowledge. (shrink)

In professional settings, people often have diverse and competing conceptions of responsibility and of when it is fair to hold someone responsible. This may lead to undesirable gaps in the distribution of responsibilities. In this paper, a procedural model is developed for alleviating the tension between diverging responsibility conceptions. The model is based on the Rawlsian approach of wide reflective equilibrium and overlapping consensus. The model is applied to a technological project, which concerned the development of an in-house monitoring system (...) based on ambient technology. The development of this innovative technology raised questions among the technological researchers about its social acceptance and the way issues related to privacy and security should be addressed. The case is analyzed in terms of two procedural norms (reflective learning and inclusiveness), which are based on literature on policy and innovation networks. Analysis of the case shows that, in a pluralist setting, a procedural approach can be useful for encouraging discussion on the legitimacy of different responsibility conceptions and the question what a fair responsibility distribution amounts to. (shrink)

This chapter surveys the debate between philosophers who claim that all practical rationality is procedural and philosophers who claim that some practical rationality is substantive.

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

: This paper provides a simultaneously reflexive and analytical framework to think about obstacles to truly informed consent in social science and biomedical research. To do so, it argues that informed consent often goes awry due to procedural misconceptions built into the research context. The concept of procedural misconception is introduced to describe how individuals respond to what is familiar in research settings and overlook what is different. In the context of biomedical research, procedural misconceptions can be seen to function (...) as root causes of therapeutic misconceptions. (shrink)

The move from open outcry to electronic trading added another responsibility to futures exchanges—that of matching orders between buyers and sellers. Matching systems can affect the level and speed of price discovery, the distribution of revenue, as well as the level of price efficiency of a given market. Whether the matching system is procedurally fair is another important consideration. I argue that while FIFO (First In First Out) is a fair procedure in principle and is perceived as the default matching (...) system, it is not a fair procedure in practice. Likewise, while pro rata is a fair procedure in principle, it is not so in practice. Nevertheless, both FIFO and pro rata are relics of an open outcry system. Instead, I propose an alternative approach to matching systems that builds on the strengths of electronic trading—the ability to randomize in real time. I introduce random selection for service (RSS) as a matching system that is procedurally fair both in principle and in practice. (shrink)

Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the (...) need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures (...) cannot be contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)