A central concept in Dutch health law is the care of a good caregiver. We find this standard in various statutes and in legal doctrine. This concept is, however, vague and open and must be made more concrete in professional practice, in moral theory, and in law. In this article, we explore the implications of this complex standard and analyze what moral philosophy and jurisprudence can contribute to its clarification and implementation in professional practice and law. We start with some (...) reflections on how practitioners see this norm and try to live up to it. (shrink)

This study is focused on unsustainable agri-food systems, especially intensive livestock farming and its resulting environmental harms. Specifically we focus on the development of technologies that seek to mitigate these environmental harms. These technologies are generally developed as incremental innovations in response to government regulation. Critics of these technological solutions allege that these developments legitimate unsustainable food production systems and are incapable of supporting agri-food systems transformation. At the same time, technology developers and other actors seek to present these technologies (...) as the legitimate solution to agri-environmental harms. Our study seeks to explore the perceptions and constructions of legitimacy for technologies that are developed to reduce ammonia emissions in intensive livestock farming in Flanders (Belgium). We use a qualitative case study, employing semi-structured interviews and workshops, with technology developers of ammonia-emission reducing technologies and stakeholders in the intensive livestock farming industry in Flanders. What our study shows is that technologies developed to reduce emissions are dependent on regulative legitimacy. The normative and cognitive legitimacy of these technologies is lacking, both due to ties to the intensive livestock industry and due to uncertainty over the performance of these technologies. With the delegitimation of intensive livestock farming, the legitimacy of these technologies is also under threat. In response, technology developers are looking to (re-)construct this legitimacy through knowledge claims over the performance of their technologies. We show several ways for other actors to deal with this, centred on either re-legitimising technologies to maintain the status quo, or to contest these knowledge claims and use them to disrupt path dependencies. (shrink)

A comparison between the Prolegomena of Chapter II of De iure praedae and the Prolegomena of De iure belli ac pacis leads to the conclusion that the ideas of Grotius on legal systematization have changed considerably between 1604 and 1625. Whereas Grotius starts in IPC with general principles with a rather unclear distinction between leges and regulae, in IBP he gives first the philosophical and theological basis of international law, intertwined by a concise set of general legal rules, mostly derived (...) from Roman law after its reception in Western Europe. The general outlines of legal systematization in the early-modern period are expounded. In the attempts of legal systematization the concept of subjective rights is essential. These subjective rights are not, as is sometimes assumed, a medieval renewal of legal technique, but can be found essentially already in classical Roman law of the first centuries AD.The institutional system is not yet visible in De iure praedae, it might be different for De iure belli ac pacis. Significant here are possibly the expressions ius ad bellum and ius in bello. (shrink)

The paper discusses ten philosophical problems in deontic logic: how to formally represent norms, when a set of norms may be termed ‘coherent’, how to deal with normative conflicts, how contraryto-duty obligations can be appropriately modeled, how dyadic deontic operators may be redefined to relate to sets of norms instead of preference relations between possible worlds, how various concepts of permission can be accommodated, how meaning postulates and counts-as conditionals can be taken into account, and how sets of norms may (...) be revised and merged. The problems are discussed from the viewpoint of input/output logic as developed by van der Torre & Makinson. We argue that norms, not ideality, should take the central position in deontic semantics, and that a semantics that represents norms, as input/output logic does, provides helpful tools for analyzing, clarifying and solving the problems of deontic logic. (shrink)

Lieven Boeve seems to take it for granted that there is an opposition between the 'modern' concern for universality and our 'postmodern' awareness of invincible particularity. Christian religion however is, according to Whitehead, 'a religion seeking a metaphysics'. Starting from its particular experience it throws light upon our existence as a whole and even upon cosmic reality . If the God of Israel is the true God, He is also the God of heaven and earth. There is in christian religion (...) itself an unavoidable drive towards universality . Lieven Boeve agrees that religion should not be relegated to orthopraxis and revelational positivism. True religion cannot give up its claim 'to be true'. Religion focusses more on particularity; philosophy strives for a wider generality. But the two should not be opposed. (shrink)

Het denken van de Nederlandse filosoof Leo Polak (1880-1941) heeft nog altijd niet aan actualiteit ingeboet. Hij bepleitte hartstochtelijk de autonomie van de menselijke rede, worstelde met de grondslag van onze ethiek en wierp zich in een tijd van politieke massabewegingen en toenemende verzuiling op als kampioen van het vrije denken. Zelfs tijdens de Duitse bezetting hield hij vast aan zijn zelfstandig oordeel – een houding die hij eind 1941 met de dood in een concentratiekamp moest bekopen. Al die (...) jaren hield hij een dagboek bij, voor hem een essentieel middel om greep te krijgen op zijn leven. Op basis hiervan worden in deze bundel nieuwe aspecten van Polaks leven en werk belicht: zijn denken over schuld en vergelding, zijn verhouding tot grote filosofen als Spinoza en Heymans en zijn houding tegenover het nationaalsocialisme, maar ook zijn familieleven, zijn boekenverzameling en zijn geestelijke nalatenschap. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 3 Seiten: 308-333.

Bloemlezing van filosofische sleutelteksten uit de 18e-eeuwse Verlichting.

Die alttestamentliche Gottesrede kennt in ihren unterschiedlichen Spielarten ein wechselseitiges Verweisverhältnis zwischen Gott und Mensch. Darin begegnet die Perfektion Gottes als Grenzbestimmung und das Imperfekte als Modus der Darstellung Gottes. In der Konsequenz lassen sich weder der Mensch noch Gott in den Vorstellungen des Perfekten oder des Imperfekten allein angemessen erfassen.

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition between property and (...) the environment. This is shown using Locke’s theory of appropriation, as well as the real-life case of instream water appropriation. (shrink)

This volume contains four theoretical and four empirical articles that aim at conceptual clarification and descriptive and causal exploration on data from 14 countries about historical and current tensions within and between religions, Christiantity and Islam, and human rights in various contexts.

Results of two survey studies are presented. It is shown that attitudes of the public about "technology in general" are not stable and can easily be affected by how the subject is introduced. Eight areas of technology are compared on the basis of empirical relations in attitudinal judgments, in attribute ratings, in self- assigned importance weights of attributes, and in importance of reference groups and persons. On the basis of similarities in these four kinds of judgments, three clusters of technology (...) areas were identified: a cluster of modern reproductive technologies, an information cluster containing automation, computer, and communication technologies, and a cluster containing nuclear energy and military technology. The attitude toward "technology in general" can not be considered as an aggregation of attitudes toward these areas of technology: The relations between general attitude and specific attitudes are only moderate to negligible. (shrink)

One widespread argument against the efficacy of subjective well-being as a measure of well-being is the adaptation problem as formulated by Sen and Nussbaum: the phenomenon that people may adapt to deprivation and find satisfaction or happiness in objectively bad circumstances. It is not generally noticed that there are two distinct arguments for why the phenomenon of adaptation is a problem for subjective well-being as a measure of well-being. The Axiological Adaptation Argument is a counter-example to theories of well-being that (...) rely on mental states. The Epistemic Adaptation Argument illustrates that levels of happiness or satisfaction cannot be measured well when people have adapted. I argue that the most serious threat to subjective well-being measures is not the Axiological Argument, but the Epistemic Argument. I reflect on the implications the epistemic problem has for the empirical literature in general, and for research on the phenomenon of adaptation in particular. (shrink)

Questions the dominant biological approach of explaining animal development as entirely genetic by exploring the explanatory value of investigating environmental influences.

Exploration of Alfred North Whitehead's influence on Maurice Merleau-Ponty's ontology of nature.

Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' (...) over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation. (shrink)

Four experiments examined the strategies that individuals develop in sentential reasoning. They led to the discovery of five different strategies. According to the theory proposed in the paper, each of the strategies depends on component tactics, which all normal adults possess, and which are based on mental models. Reasoners vary their use of tactics in ways that are not deterministic. This variation leads different individuals to assemble different strategies, which include the construction of incremental diagram corresponding to mental models, and (...) the pursuit of the consequences of a single model step by step. Moreover, the difficulty of a problem (i.e. the number of mental models required by the premises) predisposes reasoners towards certain strategies. Likewise, the sentential connectives in the premises also bias reasoners towards certain strategies, e.g., conditional premises tend to elicit reasoning step by step whereas disjunctive premises tend to elicit incremental diagrams. (shrink)

In this paper, we view creativity through the lens of innovation, a concept familiar to archaeologists across a range of contexts and theoretical perspectives. Most attempts to understand ancient innovation thus far, we argue, have been limited by their lack of capacity to cope with the multiple scales of innovation: Those that track widespread changes, like the beginnings of metallurgy, fail to account for the changes experiences by individual craftspeople; those that do justice to the details of the micro-scale, with (...) ‘thick’ description, cannot well explain the regional adoption of new practices. Here we develop an intermediary position, at the meso-scale, which we hope can serve to integrate these different scales. It is based on the notions that all innovation entails learning (and hence cognitive transformations) and that learning is very often supported at this meso-scale, through ‘communities of practice’. Drawing on the ethno-archaeological literature in particular, we emphasise how learning is a process of embodied cognition. Our archaeological case study is then drawn from the Bronze Age east Mediterranean, where a striking innovation in pottery making — the use of rotative kinetic energy via the potter’s wheel — sees a very uneven uptake from region to region over the course of many centuries. We propose certain differences in community organization from one region to another that might account for such variation in the adoption of an innovation, with the island of Crete in particular seeing a much more stable trajectory of adoption than many of its neighbouring areas. (shrink)

In the present work we illustrate how two sorts of defeasible reasoning that are fundamental in the normative domain, that is, reasoning about exceptions and reasoning about violations, can be simulated via monotonic propositional theories based on a bimodal language with primitive operators representing knowledge and obligation. The proposed theoretical framework paves the way to using native theorem provers for multimodal logic, such as MleanCoP, in order to automate normative reasoning.

Three arguments are given to show that neural constructivism lacks an essential ingredient to explain cognitive development. Based on results in the theory of adaptive signal analysis, adaptive biological pattern information and self-organization in nonlinear systems of information processing, it is concluded that neural constructivism should be further extended to accommodate the occurrence of phase transitions generating qualitative development in the sense of Piaget.