English summary: The freedom potential of modern societies, above all the justification of political authority, is today linked to a democratically constituted order. What is meant by the idea of being democratic seems, however, to be anything but clear. Is it only a question of representing the people through elections, ballots, and political parties, or does it include institutional culture, the division of powers, and the legal regime within a community? A "philosophy of the republic," as developed in this volume's (...) contributions, shows that the current "dominance of the democratic" falls short of accounting for the independent significance to the republican self-organisation of state and society. German description: Das Freiheitspotential moderner Gesellschaften, vor allem die Rechtfertigung politischer Herrschaft, wird heute mit einer demokratisch verfassten Ordnung verknupft. Was eine demokratische Ordnung ausmacht, was also die Idee des Demokratischen meint, scheint aber alles andere als klar zu sein. Soll es nur um Fragen der Reprasentation des Volkes durch Wahlen, Abstimmungen und Parteien oder daruber hinaus auch um die institutionelle Kultur, die Gewaltenteilung und das Rechtsregime innerhalb eines Gemeinwesens gehen? Eine "Philosophie der Republik," wie sie in den Beitragen dieses Bandes entwickelt wird, kann zeigen, dass die aktuelle "Dominanz des Demokratischen" keine eigenstandige Bedeutung der republikanischen Selbstorganisation von Staat und Gesellschaft beimisst. Mit Beitragen von: David Abraham, Andreas Anter, Susanne Beck, Jochen Bung, Daniela Demko, Horst Dreier, Andrea Marlen Esser, Helmut Goerlich, Bernd Grzeszick, Klaus Gunther, Matthias Kaufmann, Jean-Francois Kervegan, Thomas Khurana, Stephan Kirste, Oliver Lembcke, Rochus Leonhardt, Georg Lohmann, Wolfgang Schild, Christian Schmidt, Thomas Schmidt-Lux, Kurt Seelmann, Hannes Siegrist, Pirmin Stekeler-Weithofer, Trevor Wedman, Marc Andre Wiegand, Benno Zabel, Sabrina Zucca-Soest. (shrink)

Sporthandeln ist Körpertechnik, Einsatz und Inszenierung des sportlichen Körpers (zur zunehmenden Bedeutung des Körpers in der Sportphilosophie vgl. Caysa 2003a, b; Seewald 1996). Aber was ist unter diesem „Körper“ zu verstehen? Ist denn überhaupt der Singular – „der“ Körper – angemessen oder brauchen wir – wie wir am Beispiel der „zwei Körper des Königs“ (Ernst H. Kantorowicz) gelernt haben – mehrere Körper bzw. mehrere unterschiedliche Sprechweisen über diesen Körper des Athleten, der noch dazu – um die Fragestellung zu komplizieren – (...) als des Dopings überführter Teilnehmer an einem Wettbewerb des organisierten Sports angesetzt wird? In diesem Beitrag, der sich daher nicht mit dem Freizeit- oder Schulsport oder mit Fitnesspraktiken oder mit Bodybuilding befasst, sondern sich auf den sich dem Publikum präsentierenden Wettkampfsport beschränkt, werden vier Körper unterschieden und dargestellt. (shrink)

The article argues that feminist emancipation, understood as practices and discourses of self-development and of solidarity as empowerment, has become entangled with the neoliberal project. Indeed, emancipation as self-improvement has become synonymous with moral regulation projects that seek to adapt women to global capitalism. The article explores the relation between emancipation and neoliberal regulation from a situated approach by addressing the experience of Latin American feminisms, with a particular focus on Chile. This approach recognizes by implication that Latin American feminisms (...) are co-extensive, or coeval, with North American and European ones, and are not merely derivative forms. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

Ce qui suit tente de reconsidérer –contre la légende colportée par Auguste Cornu, entre autres , d’un «jeune Marx» encore «idéaliste»,– la conception de la philosophie sans laquelle Marx n’aurait à l’évidence pas pu être amené à affirmer, comme il le fait expressément dès 1843-44, la nécessité d’une «Aufhebung» de celle-ci entendue comme sa «négation […] en tant que philosophie». Conception déjà très fermement esquissée dans les Cahiers qu’il rédige vers 1840 en vue de la Doktordissertation de 1841, et qui (...) l’amène dès cette époque-là à une critique déjà très «radicale» –d’une radicalité que la découverte du «prolétariat» le conduira seulement à accentuer,– d’un idéalisme qu’il voit alors justement révéler au grand jour ce qu’il aurait de «contradictoire» dans la prétention des «jeunes-hégéliens» à «réaliser effectivement» dans le «monde» ce que «le maître», Hegel, serait parvenu à concevoir au titre de «l’Idée», à savoir: rien de moins que le moteur du processus historique tel qu’en sa processualité même. Dont acte pour qui se demanderait quelle pourrait encore être la portée de la philosophie aujourd’hui! (shrink)

We describe the state of the Talmudic Logic project as of end of 2019. The Talmud is the most comprehensive and fundamental work of Jewish religious law, employing a large number of logical components centuries ahead of their time. In many cases the basic principles are not explicitly formulated, which makes it difficult to formalize and make available to the modern student of Logic. This project on Talmudic Logic, aims to present logical analysis of Talmudic reasoning using modern logical tools. (...) We investigate principles of Talmudic Logic and publish a series of books, one book or more for each principle. The series begins with the systematic analysis of Talmudic inference rules. The first book shows that we can present Talmudic reasoning intuitions as a systematic logical system basic to modern non-deductive reasoning, such as Argumentum A Fortiori, Abduction and Analogy. The second book offers a systematic common sense method for intuitively defining sets and claims that this method adequately models the Talmudic use of the rules Klal uPrat. These books also criticize modern Talmudic research methodology. Later books deal with additional topics like Deontic logic, and Temporal logic, Agency and processes in the Talmud and more. The aims of the project are two fold: 1. To import into the Talmudic study modern logical methods with a view to help understand complicated Talmudic passages, which otherwise cannot be addressed. 2. To export from the Talmud new logical principles which are innovative and useful to modern contemporary logic. (shrink)

The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, and (...) heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

Describes in text and photographs mitzvos that Jewish children can do.

Contemporary philosophers of mind tend to assume that the world of nature can be reduced to basic physics. Yet there are features of the mind consciousness, intentionality, normativity that do not seem to be reducible to physics or neuroscience. This explanatory gap between mind and brain has thus been a major cause of concern in recent philosophy of mind. Reductionists hold that, despite all appearances, the mind can be reduced to the brain. Eliminativists hold that it cannot, and that this (...) implies that there is something illegitimate about the mentalistic vocabulary. Dualists hold that the mental is irreducible, and that this implies either a substance or a property dualism. Mysterian non-reductive physicalists hold that the mind is uniquely irreducible, perhaps due to some limitation of our self-understanding. In this book, Steven Horst argues that this whole conversation is based on assumptions left over from an outdated philosophy of science. While reductionism was part of the philosophical orthodoxy fifty years ago, it has been decisively rejected by philosophers of science over the past thirty years, and for good reason. True reductions are in fact exceedingly rare in the sciences, and the conviction that they were there to be found was an artifact of armchair assumptions of 17th century Rationalists and 20th century Logical Empiricists. The explanatory gaps between mind and brain are far from unique. In fact, in the sciences it is gaps all the way down.And if reductions are rare in even the physical sciences, there is little reason to expect them in the case of psychology. Horst argues that this calls for a complete re-thinking of the contemporary problematic in philosophy of mind. Reductionism, dualism, eliminativism and non-reductive materialism are each severely compromised by post-reductionist philosophy of science, and philosophy of mind is in need of a new paradigm. Horst suggests that such a paradigm might be found in Cognitive Pluralism: the view that human cognitive architecture constrains us to understand the world through a plurality of partial, idealized, and pragmatically-constrained models, each employing a particular representational system optimized for its own problem domain. Such an architecture can explain the disunities of knowledge, and is plausible on evolutionary grounds. (shrink)

In this carefully argued critique, Steven Horst pronounces the theory deficient.

Horst Bredekamp’s subject is the astute deployment and perennial resonance of the startling image of the body politic that dominates the frontispiece to Leviathan: a treatise on the psychology of the individual and the dynamic of the multitude, published in 1651 by the English philosopher Thomas Hobbes. Affirming the centrality of such a figural device for this pioneering theorist of the state, Bredekamp goes on to address the art-historical dimension of the mesmerising etched title-page. In his central chapters he (...) explores the extraordinary range of sources – from socio-cultural tradition to scientific advances – on which the author and his artist-collaborator may have drawn. In conclusion, he reveals Hobbes to be no less passionate than shrewd in his belief that the constraints and amenities of a tolerable life in common attest to the potency of the visual. As appendices, two essays and catalogues explore the portraits made of Hobbes as well as illustrations that appeared in his other works, thus systematically completing the exploration of the images connected with this exceptional philosopher. (shrink)

Many virtue epistemologists conceive of epistemic competence on the model of skill —such as archery, playing baseball, or chess. In this paper, I argue that this is a mistake: epistemic competences and skills are crucially and relevantly different kinds of capacities. This, I suggest, undermines the popular attempt to understand epistemic normativity as a mere special case of the sort of normativity familiar from skilful action. In fact, as I argue further, epistemic competences resemble virtues rather than skills—a claim that (...) is based on an important, but often overlooked, difference between virtue and skill. The upshot is that virtue epistemology should indeed be based on virtue, not on skill. (shrink)

Epistemic constitutivism (EC) holds that the nature of believing is such that it gives rise to a standard of correctness and that other epistemic normative notions (e.g., reasons for belief) can be explained in terms of this standard. If defensible, this view promises an attractive and unifying account of epistemic normativity. However, EC faces a forceful objection: that constitutive standards of correctness are never enough for generating normative reasons. This paper aims to defend EC in the face of this objection. (...) I do so in two steps. First, I dispute a crucial assumption underlying the case against EC: that constitutive standards of correctness in general are ‘reason-giving’ only if and because there is also a prior reason to comply with them. Second, I outline a strategy of how EC can meet the challenge of explaining what’s special about the activity of believing such that, unlike other standard-governed activities, it is capable of generating normative reasons. (shrink)

This book introduces an account of cognitive architecture, Cognitive Pluralism, on which the basic units of understanding are models of particular content domains. Having many mental models is a good adaptive strategy for cognition, but models can be incompatible with one another, leading to paradoxes and inconsistencies of belief, and it may not be possible to integrate the understanding supplied by multiple models into a comprehensive and self-consistent "super model". The book applies the theory to explaining intuitive reasoning and cognitive (...) illusions and explores implications for epistemology, semantics, and disunity of science. (shrink)

Someone acts in a morally worthy way when they deserve credit for doing the morally right thing. But when and why do agents deserve credit for the success involved in doing the right thing? It is tempting to seek an answer to that question by drawing an analogy with creditworthy success in other domains of human agency, especially in sports, arts, and crafts. Accordingly, some authors have recently argued that, just like creditworthy success in, say, chess, playing the piano, or (...) archery, creditworthy moral success is a matter of getting things right by way of manifesting a relevant skill. My main aim in this paper is to bring out an important structural difference between moral creditworthiness and creditworthiness in sports, arts, and craft, undermining attempts to use examples of the latter as a model for understanding the former. As an alternative, I propose an account of morally creditworthy action, according to which such action is a matter of manifesting virtue, not skill—a claim that's based on an important, but underappreciated, difference between the sorts of excellences constituting virtues and skills. The paper thus contributes to a more nuanced picture of normative achievements across different domains of human agency, highlighting largely overlooked structural dissimilarities among them. (shrink)

Many hold that theoretical reasoning aims at truth. In this paper, I ask what it is for reasoning to be thus aim-directed. Standard answers to this question explain reasoning’s aim-directedness in terms of intentions, dispositions, or rule-following. I argue that, while these views contain important insights, they are not satisfactory. As an alternative, I introduce and defend a novel account: reasoning aims at truth in virtue of being the exercise of a distinctive kind of cognitive power, one that, unlike ordinary (...) dispositions, is capable of fully explaining its own exercises. I argue that this account is able to avoid the difficulties plaguing standard accounts of the relevant sort of mental teleology. (shrink)

This paper provides an analysis of U.S. farmland owners, operators, and workers by race, ethnicity, and gender. We first review the intersection between racialized and gendered capitalism and farmland ownership and farming in the United States. Then we analyze data from the 2014 Tenure and Ownership Agricultural Land survey, the 2012 Census of Agriculture, and the 2013–2014 National Agricultural Worker Survey to demonstrate that significant nation-wide disparities in farming by race, ethnicity and gender persist in the U.S. In 2012–2014, White (...) people owned 98% and operated 94% of all farmland. They generated 98% of all farm-related income from land ownership and 97% of income from farm owner-operatorship. Meanwhile, People of Color farmers were more likely to be tenants rather than owners, owned less land, and generated less farm-related wealth per person than their White counterparts. Hispanic farmers were also disproportionately farm laborers. In addition to racial and ethnic disparities, there were disparities by gender. About 63% of non-operating landowners, 86% of farm operators, and 87% of tenant farmers were male, and female farmers tended to generate less income per farmer than men. This data provides evidence of ongoing racial, ethnic and gender disparities in agriculture in the United States. We conclude with a call to address the structural drivers of the disparities and with recommendations for better data collection. (shrink)

This book challenges the standard view that modern hermeneutics begins with Friedrich Ast and Friedrich Schleiermacher, arguing instead that it is the dialectic of reflective and teleological reason in Kant’s Critique of Judgment that provides the actual proto-hermeneutic foundation. It is revolutionary in doing so by replacing interpretive truth claims by the more appropriate claim of rendering opaque contexts intelligible. Taking Gadamer’s comprehensive analysis of hermeneutics in Truth and Method (1960) as its point of departure, the book turns to Kant’s (...) Critiques, reviewing his major concepts as a coherent system in relation to his sensus communis. At the heart of the book is the interaction between reflective, bottom-up search and teleological, top-down interpretative projection as provided in Part II of the third Critique. This text contends that Kant’s broad definition of nature invites the liberation of the reflective-teleological judgment from its biological exemplifications and so permits us to establish its generalised status as a path-breaking, methodological tool. Kant’s dialectic of reflective search and meaning bestowing, stipulated teleology is asserted to anticipate a series of motifs commonly associated with hermeneutics. Figures covered include Dilthey, Husserl, Ingarden, Heidegger, Gadamer, Apel, Habermas, Ricoeur, Derrida, Foucault, Lyotard, Deleuze, Vattimo, Nancy and Caputo. Their collective contributions to interpretation allow for a review of the evolution of hermeneutics from the perspective of the Kantian critique of the limitations of human cognition. The book is written for the informed, general reader, but will likewise appeal to advanced undergraduate and graduate students as well as researchers in the humanities and social sciences. (shrink)

Towards the end of Beyond Reduction Horst hypothesizes that ‘it is a general design principle of the cognitive architecture of humans that the mind possesses multiple models for understanding and interacting practically with different aspects of the world’. The suggestion is made following a discussion of recent research in cognitive science. According to Horst, the hypothesis is also consistent with what recent non-reductionist tendencies in the philosophy of science teach us. Taken together, Horst claims these two sets (...) of evidence motivate a new post-reductionist approach to the philosophy of mind. After outlining the route Horst takes to reach this claim, I shall raise a worry I have about the claim and the route taken to it.Beyond Reduction is in three parts. Part one frames the debate. In Chapter 1 Horst notes how naturalism is a view to which nearly all philosophers of mind, some of whom hold quite disparate views, would subscribe. He formulates a schema for naturalism that he thinks most would accept: ‘naturalism about domain D is the view that all features of D are to be accommodated within the framework of nature as it is understood by the natural sciences’. Horst acknowledges that the schema under-describes matters. The notion of ‘accommodation’ may be understood as involving either explanation or metaphysical determination; it is also unclear how we are to understand ‘the …. (shrink)

Seit dem byzantinischen Bilderstreit und dem Bildersturm der Reformation ist nicht mehr in solcher Intensität über Bilder nachgedacht worden wie in den letzten Jahrzehnten. Neben der Archäologie und der Kunstgeschichte haben sich zahlreiche weitere Fächer an Fragestellungen rund um das Bild geradezu festgebissen. Angesichts dessen geht einer der bedeutendsten Kunsthistoriker der Gegenwart der Frage nach, warum Begriff und Geltung sowie Macht und Ohnmacht von Bildern so hartnäckig verfolgte Themen unserer Tage geworden sind.

Over the past thirty years, it is been common to hear the mind likened to a digital computer. This essay is concerned with a particular philosophical view that holds that the mind literally is a digital computer (in a specific sense of “computer” to be developed), and that thought literally is a kind of computation. This view—which will be called the “Computational Theory of Mind” (CTM)—is thus to be distinguished from other and broader attempts to connect the mind with computation, (...) including (a) various enterprises at modeling features of the mind using computational modeling techniques, and (b) employing some feature or features of production-model computers (such as the stored program concept, or the distinction between hardware and software) merely as a guiding metaphor for understanding some feature of the mind. This entry is therefore concerned solely with the Computational Theory of Mind (CTM) proposed by Hilary Putnam [1961] and developed most notably for philosophers by Jerry Fodor [1975, 1980, 1987, 1993]. The senses of ‘computer’ and ‘computation’ employed here are technical; the main tasks of this entry will therefore be to elucidate: (a) the technical sense of ‘computation’ that is at issue, (b) the ways in which it is claimed to be applicable to the mind, (c) the philosophical problems this understanding of the mind is claimed to solve, and (d) the major criticisms that have accrued to this view. (shrink)

Over the past several decades, the philosophical community has witnessed the emergence of an important new paradigm for understanding the mind.1 The paradigm is that of machine computation, and its influence has been felt not only in philosophy, but also in all of the empirical disciplines devoted to the study of cognition. Of the several strategies for applying the resources provided by computer and cognitive science to the philosophy of mind, the one that has gained the most attention from philosophers (...) has been the Computational Theory of Mind (CTM). CTM was first articulated by Hilary Putnam (1960, 1961), but finds perhaps its most consistent and enduring advocate in Jerry Fodor (1975, 1980, 1981, 1987, 1990, 1994). It is this theory, and not any broader interpretations of what it would be for the mind to be a computer, that I wish to address in this paper. What I shall argue here is that the notion of symbolic representation employed by CTM is fundamentally unsuited to providing an explanation of the intentionality of mental states (a major goal of CTM), and that this result undercuts a second major goal of CTM, sometimes refered to as the vindication of intentional psychology. This line of argument is related to the discussions of derived intentionality by Searle (1980, 1983, 1984) and Sayre (1986, 1987). But whereas those discussions seem to be concerned with the causal dependence of familiar sorts of symbolic representation upon meaning-bestowing acts, my claim is rather that there is not one but several notions of meaning to be had, and that the notions that are applicable to symbols are conceptually dependent upon the notion that is applicable to mental states in the fashion that Aristotle refered to as paronymy. That is, an analysis of the notions of meaning applicable to symbols reveals that they contain presuppositions about meaningful mental states, much as Aristotle's analysis of the sense of healthy that is applied to foods reveals that it means conducive to having a healthy body, and hence any attempt to explain mental semantics in terms of the semantics of symbols is doomed to circularity and regress. I shall argue, however, that this does not have the consequence that computationalism is bankrupt as a paradigm for cognitive science, as it is possible to reconstruct CTM in a fashion that avoids these difficulties and makes it a viable research framework for psychology, albeit at the cost of losing its claims to explain intentionality and to vindicate intentional psychology. I have argued elsewhere (Horst, 1996) that local special sciences such as psychology do not require vindication in the form of demonstrating their reducibility to more fundamental theories, and hence failure to make good on these philosophical promises need not compromise the broad range of work in empirical cognitive science motivated by the computer paradigm in ways that do not depend on these problematic treatments of symbols. (shrink)

Since the seventeenth century, our understanding of the natural world has been one of phenomena that behave in accordance with natural laws. While other elements of the early modern scientific worldview may be rejected or at least held in question—the metaphor of the world as a great machine, the narrowly mechanist assumption that all physical interactions must be contact interactions, the idea that matter might actually be obeying rules laid down by its Divine Author – the notion of natural law (...) has continued to play a pivotal role in actual scientific practice, in our philosophical interpretations of science, and in their its metaphysical implications. (shrink)

Shaping the Future maps out the ascetic practices of a Neitzschean way of life. Hutter argues that Nietzsche's doctrines are attempts and "temptations" that aim to provoke his free-spirited readers into changing themselves by putting philosophy into practice in their lives.