This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

The idea that technologies can change moral beliefs and practices is an old one. But how, exactly, does this happen? This paper builds on an emerging field of inquiry by developing a synoptic taxonomy of the mechanisms of techno-moral change. It argues that technology affects moral beliefs and practices in three main domains: decisional (how we make morally loaded decisions), relational (how we relate to others) and perceptual (how we perceive situations). It argues that across these three domains there are (...) six primary mechanisms of techno-moral change: (i) adding options; (ii) changing decision-making costs; (iii) enabling new relationships; (iv) changing the burdens and expectations within relationships; (v) changing the balance of power in relationships; and (vi) changing perception (information, mental models and metaphors). The paper also discusses the layered, interactive and second-order effects of these mechanisms. (shrink)

More than a decade of research has found strong evidence for P(if A, then C) = P(C|A) (“the Equation”). We argue, however, that this hypothesis provides an overly simplified picture due to its inability to account for relevance. We manipulated relevance in the evaluation of the probability and acceptability of indicative conditionals and found that relevance moderates the effect of P(C|A). This corroborates the Default and Penalty Hypothesis put forward in this paper. Finally, the probability and acceptability of concessive conditionals (...) (“Even if A, then still C”) were investigated and it was found that the Equation provides a better account of concessive conditionals than of indicatives across relevance manipulations. (shrink)

Aggregating snippets from the semantic memories of many individuals may not yield a good map of an individual’s semantic memory. The authors analyze the structure of semantic networks that they sampled from individuals through a new snowball sampling paradigm during approximately 6 weeks of 1-hr daily sessions. The semantic networks of individuals have a small-world structure with short distances between words and high clustering. The distribution of links follows a power law truncated by an exponential cutoff, meaning that most words (...) are poorly connected and a minority of words has a high, although bounded, number of connections. Existing aggregate networks mirror the individual link distributions, and so they are not scale-free, as has been previously assumed; still, there are properties of individual structure that the aggregate networks do not reflect. A simulation of the new sampling process suggests that it can uncover the true structure of an individual’s semantic memory. (shrink)

In this manuscript we initiate a systematic examination of the physical basis for the time concept in cosmology. We discuss and defend the idea that the physical basis of the time concept is necessarily related to physical processes which could conceivably take place among the material constituents available in the universe. As a consequence we motivate the idea that one cannot, in a well-defined manner, speak about time ‘before’ such physical processes were possible, and in particular, the idea that one (...) cannot speak about a time scale ‘before’ scale-setting physical processes were possible. It is common practice to link the concept of cosmic time with a space-time metric set up to describe the universe at large scales, and then define a cosmic time t as what is measured by a comoving standard clock. We want to examine, however, the physical basis for setting up a comoving reference frame and, in particular, what could be meant by a standard clock. For this purpose we introduce the concept of a `core' of a clock and we ask if such a core can - in principle - be found in the available physics contemplated in the various `stages' of the early universe. We find that a first problem arises above the quark-gluon phase transition where there might be no bound systems left, and the concept of a physical length scale to a certain extent disappears. A more serious problem appears above the electroweak phase transition believed to occur at $\sim 10^{-11}$ seconds. At this point the property of mass disappears and it becomes difficult to identify a physical basis for concepts like length scale, energy scale and temperature - which are all intimately linked to the concept of time in modern cosmology. This situation suggests that the concept of a time scale in `very early' universe cosmology lacks a physical basis or, at least, that the time scale will have to be based on speculative new physics. (shrink)

According to the two-tragedies argument proponents of pro-life can justifiably prioritize efforts to prevent abortion rather than miscarriages due to the fact that abortions in contrast to miscarriages involves usually the act of killing. William Simkulet has recently argued against this argument claiming that it fails as it (a) is in conflict with the common sense pro-life view on abortion and (b) leads to an overestimation of the moral value of preventing the ‘second tragedy’, namely the act of killing, compared (...) with the value of preventing the death of an individual. In this article, I argue against to his charges against the two tragedies argument by demonstrating that this argument is not only compatible but also in line with the common sense pro-life view and that the argument does not overestimate moral significance of the act of killing. (shrink)

In previous published research (“Conditionals and Inferential Connections: A Hypothetical Inferential Theory,” Cognitive Psychology, 2018), we investigated experimentally what role the presence and strength of an inferential connection between a conditional’s antecedent and consequent plays in how people process that conditional. Our analysis showed the strength of that connection to be strongly predictive of whether participants evaluated the conditional as true, false, or neither true nor false. In this article, we re-analyse the data from our previous research, now focussing on (...) the semantics of conditionals rather than on how they are processed. Specifically, we use those data to compare the main extant semantics with each other and with inferentialism, a semantics according to which the truth of a conditional requires the presence of an inferential connection between the conditional’s component parts. (shrink)

In his article ‘The substance view: A critique’, Rob Lovering argues that the substance view –according to which a human person comes into existence at the moment of conception – leads to such implausible implications that this view should be abandoned. I responded to his reductio arguments in ‘A critique of Rob Lovering's criticism of the substance view’ and concluded that his arguments did not justify a rejection of the substance view. Now Lowering and William Simkulet have both responded to (...) my criticism, claiming that my criticism of Lovering's article did not refute his original arguments. In this article I respond to their criticism and conclude that, while the substance view has some less plausible implications, none of them justify a complete refutation of this view. (shrink)

Abortion critics have argued that one should err on the side of life and prohibit abortion since the status of the fetus is uncertain. David Boonin has criticized this precautionary argument, but his criticism has been ignored. The aim is to elaborate on the precautionary argument by responding to Boonin’s criticism. Boonin considers three versions of the precautionary argument—the disaster avoidance argument, the maximin argument, and the expected utility argument; yet all three are judged unsuccessful for the same reasons: they (...) lead to unacceptable implications, they lead to conclusions that are too weak, and they undermine the integrity of moral reasoning. I respond to this criticism by arguing that one can avoid unacceptable implications by considering a criterion of realism, that the weaker conclusions are rather an advantage, and that the application of the precautionary principle makes room for considerations which maintain the integrity of moral reasoning. I also consider some criticism beyond Boonin’s objections. (shrink)

Across languages of the world, some grammatical patterns have been argued to be more common than expected by chance. These are sometimes referred to as language universals. One such universal is the correlation between constituent order freedom and the presence of a case system in a language. Here, we explore whether this correlation can be explained by a bias to balance production effort and informativity of cues to grammatical function. Two groups of learners were presented with miniature artificial languages containing (...) optional case marking and either flexible or fixed constituent order. Learners of the flexible order language used case marking significantly more often. This result parallels the typological correlation between constituent order flexibility and the presence of case marking in a language and provides a possible explanation for the historical development of Old English to Modern English, from flexible constituent order with case marking to relatively fixed order without case marking. In addition, learners of the flexible order language conditioned case marking on constituent order, using more case marking with the cross-linguistically less frequent order, again mirroring typological data. These results suggest that some cross-linguistic generalizations originate in functionally motivated biases operating during language learning. (shrink)

Social and linguistic perceptions are linked. On one hand, talker identity affects speech perception. On the other hand, speech itself provides information about a talker's identity. Here, we propose that the same probabilistic knowledge might underlie both socially conditioned linguistic inferences and linguistically conditioned social inferences. Our computational–level approach—the ideal adapter—starts from the idea that listeners use probabilistic knowledge of covariation between social, linguistic, and acoustic cues in order to infer the most likely explanation of the speech signals they hear. (...) As a first step toward understanding social inferences in this framework, we use a simple ideal observer model to show that it would be possible to infer aspects of a talker's identity using cue distributions based on actual speech production data. This suggests the possibility of a single formal framework for social and linguistic inferences and the interactions between them. (shrink)

Human-Computer Interaction (HCI) and games set a new domain in understanding people’s motivations in gaming, behavioral implications of game play, game adaptation to player preferences and needs for increased engaging experiences in the context of HCI serious games (HCI-SGs). When the latter relate with people’s health status, they can become a part of their daily life as assistive health status monitoring/enhancement systems. Co-designing HCI-SGs can be seen as a combination of art and science that involves a meticulous collaborative process. The (...) design elements in assistive HCI-SGs for Parkinson’s Disease (PD) patients, in particular, are explored in the present work. Within this context, the Game-Based Learning (GBL) design framework is adopted here and its main game-design parameters are explored for the Exergames, Dietarygames, Emotional games, Handwriting games, and Voice games design, drawn from the PD-related i-PROGNOSIS Personalized Game Suite (PGS) (www.i-prognosis.eu) holistic approach. Two main data sources were involved in the study. In particular, the first one includes qualitative data from semi-structured interviews, involving 10 PD patients and four clinicians in the co-creation process of the game design, whereas the second one relates with data from an online questionnaire addressed by 104 participants spanning the whole related spectrum, i.e., PD patients, physicians, software/game developers. Linear regression analysis was employed to identify an adapted GBL framework with the most significant game-design parameters, which efficiently predict the transferability of the PGS beneficial effect to real-life, addressing functional PD symptoms. The findings of this work can assist HCI-SG designers for designing PD-related HCI-SGs, as the most significant game-design factors were identified, in terms of adding value to the role of HCI-SGs in increasing PD patients’ quality of life, optimizing the interaction with personalized HCI-SGs and, hence, fostering a collaborative human-computer symbiosis. (shrink)

The article considers whether tolerance, in the classical liberal sense, should be promoted in public education. The most substantial counter-argument is that it is problematic to uphold the ?objection condition,? explained below, which is an integral part of classical tolerance, while maintaining tolerance as a virtue. As a response to this, I first discuss an alternative interpretation of tolerance ? ?tolerance as being open-minded, unprejudiced and positive towards difference.? I contend that this understanding is not the preferable one in public (...) education, because it lacks sufficient distinctiveness and threatens to marginalize or exclude the classical concept of tolerance. I instead propose a modified version of classical tolerance to be promoted in public education, whereby permissible objections are restricted so as not to disrespect persons. This version allows, however, for pupils to have a wide range of objections while still being candidates for being called tolerant, with the result that promoting tolerance may clash with other important educational objectives. I argue that promoting tolerance is still needed as part of a robust educational approach to plurality in modern democratic states, but that we must be willing to accept that promoting tolerance sometimes assumes the place of a second-best educational alternative. (shrink)

While studies on the characteristics of flow states and their relation to peak performance exist, little is known about the dynamics by which flow states emerge and develop over time. The current paper qualitatively explores the necessary pre-conditions to enter flow, and the development of flow over time until its termination. Using an elicitation interview, participants were asked to recall their flow experiences in sports or music performances. The analysis resulted in the identification of the following three phases that athletes (...) and musicians experience during flow: Preparation to enter flow; Entry into the flow state and; Exit from the flow state. These three phases are characterized by several sub-themes contributing to the experience of flow. The function of emotions is crucial, as they play a core role across all three phases and regulate flow over time. The findings provide insights into the phenomenological characteristics of the transition and maintenance of the three proposed phases and the temporal dynamics of flow. (shrink)

Decisions about brain surgery pose existential challenges because they are often decisions about life or death, and sometimes about possible personality changes. Therefore they require rigorous neuroethical consideration. However, we doubt whether metaphysical interpretations of ambiguous statements of patients are useful for deriving ethical and legal conclusions. Particularly, we question the application of psychological theories of personal identity on neuroethical issues for several reasons. First, even the putative “standard view” on personal identity is contentious. Second, diverse accounts of personal identity (...) have been introduced into the neuroethical debate, which are incompatible. Third, the criteria for “diagnosing” the supposed changes in “identity” are ambiguous and indeterminate. Fourth, the metaphysical theories of personal identity imply highly questionable ethical and legal revisions, namely the denial of advance directives, particularly of Ulysses contracts, and, for patients with brain cancer, even therapeutic nihilism.We discuss three examples in which ideas from the personal identity debate in metaphysics are straightforwardly applied to discuss ethical issues of neurosurgery. We discuss revisions of the current medico-legal practice that have been proposed on grounds of psychological theories of personal identity. We argue that the established status quo in law and clinical practice is beneficial to the patients concerned. Furthermore, it is metaphysically neutral, which is an important principle of liberal, democratic, pluralistic societies.We recommend a pragmatic approach: empirical research on personality changes arising from brain disorders or interventions, comprehensive information about risks of personality changes, and advance directives, particularly Ulysses contracts. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

Before WW2 Danish geologists had found traces of uranium in Greenland. But being squeezed from both sides in the escalating Cold War between East and West, in the first decade after WW2 the Danish government did not support expeditions to explore Greenland's potential uranium deposits. The situation changed abruptly after President Eisenhower's Atoms for Peace address in December 1953, as a result of which a Danish Atomic Energy Commission (AEK) was set up in early 1955. Besides building a large atomic (...) energy research facility (Risø) one of AEK's first initiatives was to support big scale uranium expeditions to South-West Greenland. The ultimate goal for the leaders of AEK was to liberate Denmark from its dependence on imported fossil fuels by developing Danish nuclear reactors, fuelled by natural uranium from Greenland. In the late 1960s, after more than a decade of uranium explorations, this was still a goal, albeit much more long term. For many reasons the hunt for uranium in Greenland after WW2 was unsuccessful, but the main ones were Danish sovereignty concerns, techno-scientific nationalism and devastating institutional clashes of interests. The present paper will explore these problems. (shrink)

Accession Number: ATLA0001712278; Hosting Book Page Citation: p 767-783.; Language(s): English; General Note: Bibliography: p 782-783.; Issued by ATLA: 20130825; Publication Type: Essay.

Corporations are increasingly forced to widen their agendas to include social and environmental concerns, or corporate social responsibility (CSR). This development has been recorded in the current academic debate, and the views regarding its implications for business, the state, and civil society diverge. However, there is agreement within the CSR and corporate governance literatures that there is a lack of thorough empirical studies of these effects. Based on a case study of the multinational wind energy company Suzlon Energy's CSR projects (...) in rural India, this article contends that CSR projects implemented through cross‐sector partnerships can help to build the capacities of civil society organizations (CSOs). Although the risk of corporate steering of the civil society agenda is reduced when CSR prioritizes community needs over business imperatives, CSOs tend to bear the highest costs in partnerships, through credibility losses and insecurity concerning project terms and funding, reinforcing the importance of critical cooperation and complementary core competencies in cross‐sector partnerships. The results have implications for the strategies of corporations, CSOs, and governments as well as for the planning of national and international development aid. (shrink)

This article investigates the use of favors by managers of BRIC firms to accomplish business goals, the ethicality of which should be determined by the moral reasoning in these countries rather than from a developed country perspective. We define a favor as an exchange of outcomes between individuals, typically utilizing one's connections, that is based on a commonly understood cultural tradition, with reciprocity by the receiver typically not being immediate, and its value being less than what would constitute bribery within (...) that cultural context. This exchange normally takes place between and among members of networks, and may involve a network outsider contacted by a network insider on behalf of another insider. We see the giver and receiver of the favor, as well as network insiders and outsiders, as stakeholders. Additionally, society could also be considered to be a stakeholder since the practice of using favors generally inhibits the development of legitimate, strong formal institutions, since the use of favors in emerging economies is rooted in cultural traditions that we view as informal institutions. Furthermore, we assert that the practice of using favors can lead to bribery which harms society as a stakeholder both morally and economically. We posit that BRIC-country managers' behaviors stem from informal, culturally based practices—jeito in Brazil, blat/sviazi in Russia, jaan-pehchaan in India, and guanxi in China. We utilize institutional theory to explain why favors are relied upon, and ISCT to support the argument that the use of favors in environments like the BRICs is generally considered ethical. (shrink)

The rubber hand illusion is one of the most commonly used paradigms to examine the sense of body ownership. Touches are synchronously applied to the real hand, hidden from view, and a false hand in an anatomically congruent position. During the illusion one may perceive that the feeling of touch arises from the false hand, and that the false hand is one's own. The relationship between referral of touch and body ownership in the illusion is unclear, and some articles average (...) responses to statements addressing these experiences, which may be inappropriate depending on the research question of interest. To address these concerns, we re-analyzed three freely available datasets to better understand the relationship between referral of touch and feeling of ownership in the RHI. We found that most participants who report a feeling of ownership also report referral of touch, and that referral of touch and ownership show a moderately strong positive relationship that was highly replicable. In addition, referral of touch tends to be reported more strongly and more frequently than the feeling of ownership over the hand. The former observations confirm that referral of touch and ownership are related experiences in the RHI. The latter, however, indicate that when pooling the statements one may obtain a higher number of illusion ‘responders’ compared to considering the ownership statements in isolation. These results have implications for the RHI as an experimental paradigm. (shrink)

In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to (...) clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state. (shrink)

This article presents in broad outline the theological concept of deep incarnation and brings it into dialogue with correlative ideas of deep history and deep sociality. It will be argued that neither Christology, nor evolution, can be properly understood from a chronocentric perspective. Evolution is not only about development but also about the exploration of ecospace. Likewise, a contemporary Christology should explicate incarnation as a divine assumption of the full ecospace of the material world of creation. It will then be (...) argued that an interactionist view of deep history is preferable to the evolutionary cognitive theory of religion. Against this background, the paper will explore Jesus of Nazareth's role in the context of post-axial mentalities. (shrink)

The paper defines the green education imperative as a normative proposition that expresses a fundamental norm – sustainable development. The proposition combines directions for action, i.e. the right to receive environmental training and education and the duty to provide it, with a specific situation, resulting in an individual norm-based assessment. The imperative has two main interpretations: The strong version, which in its strongest form consists of binding norms that guarantee definitive subjective rights to ecological and sustainable training and education services (...) and an obligation to provide them. The weak version signifies that students have a moral or non-mandatory right to receive environmental training and education, which is not related to any particular institution in any particular professional context at any particular point in time. (shrink)

Humanismens förfall.--Kunskapens träd.--Naturen, människan och den vetenskapligt-tekniska revolutionen.--Enhet och splittring i vetenskapen.--Människor, matematik och maskiner.--Om Marx och marxismen.--Humanismen som livshållning.

IntroductionThe prefrontal cortex plays a crucial role in cognition, particularly in executive functions. Cortical reactivity measured with Transcranial Magnetic Stimulation combined with Electroencephalography is altered in pathological conditions, and it may also be a marker of cognitive status in middle-aged adults. In this study, we investigated the associations between cognitive measures and TMS evoked EEG reactivity and explored whether the effects of this relationship were related to neurofilament light chain levels, a marker of neuroaxonal damage.MethodsFifty two healthy middle-aged adults from (...) the Barcelona Brain Health Initiative cohort underwent TMS-EEG, a comprehensive neuropsychological assessment, and a blood test for NfL levels. Global and Local Mean-Field Power, two measures of cortical reactivity, were quantified after left prefrontal cortex stimulation, and cognition was set as the outcome of the regression analysis. The left inferior parietal lobe was used as a control stimulation condition.ResultsLocal reactivity was significantly associated with working memory and reasoning only after L-PFC stimulation. No associations were found between NfL and cognition. These specific associations were independent of the status of neuroaxonal damage indexed by the NfL biomarker and remained after adjusting for age, biological sex, and education.ConclusionOur results demonstrate that TMS evoked EEG reactivity at the L-PFC, but not the L-IPL, is related to the cognitive status of middle-aged individuals and independent of NfL levels, and may become a valuable biomarker of frontal lobe-associated cognitive function. (shrink)