In Amerika wie auch in Deutschland wird die Verletzung der ärztlichen Aufklärungspflicht im Arzthaftungsprozess als Alternativklagegrund angeführt für den Fall, dass der Nachweis eines Behandlungsfehlers (malpractice) nicht gelingt. Gegenstand dieser Arbeit ist es, die zahlreichen amerikanischen Gerichtsentscheidungen sowie die juristische Literatur im Vergleich mit dem deutschen Recht darzustellen und zu untersuchen, ob sich Fallgruppen bilden und Regeln ableiten lassen, denen in beiden Rechtsordnungen Gültigkeit zukommt.

Rückert. - Gottfried Keller. - Berthold Auerbach. - Paul Heyse. - Reuter, Raabe, Goltz. - Literarisches kunterbunt. - Schillerstiftung. - Aus der welt des theaters. - Kulturgeschichtliches. - Paris. - Äckerleins keller. - Berliner erinnerungen. - Wiener erinnerungen. - Schönefeld. - Das kleine diner als kuturelement. - Herbartdenkmal. - Meine vier alten. - Am preussischen hof. - Kriegsakademie. - Fontane kriegsgefangen. - Tunnel und Ellora. - Das Rütli. - Register.

Three-valued accounts of conditionals frequently promise (a) to conform to the probabilistic view that conditionals are evaluated by conditional probabilities, and (b) to yield a plausible account of compounds of conditionals. However, McGee (1981) shows that probabilistic validity, the conception of validity most naturally associated with the probabilistic view, cannot be characterized by a finite matrix. Adams (1995) indicates a further generalization of this result. Nevertheless, Adams (1986) provides a description of probabilistic validity in three-valued terms by going beyond the (...) standard framework. Yet the language Adams considers is severely restricted: it does not contain compounds of conditionals. Thus, a natural question arises: Is there a plausible three-valued account of compounds of conditionals which agrees with probabilistic validity on the restricted language? In this note, I develop a general framework in which to address this question. The answer will be negative. (shrink)

According to a suggestion by Williamson, outright belief comes in degrees: one has a high/low degree of belief iff one is willing to rely on the content of one’s belief in high/low-stakes practical reasoning. This paper develops an epistemic norm for degrees of outright belief so construed. Starting from the assumption that outright belief aims at knowledge, it is argued that degrees of belief aim at various levels of strong knowledge, that is, knowledge which satisfies particularly high epistemic standards. This (...) account is contrasted with and shown to be superior to an alternative proposal according to which higher degrees of outright belief aim at higher-order knowledge. In an “Appendix”, it is indicated that the logic of degrees of outright belief is closely linked to ranking theory. (shrink)

Tension and suspense are powerful emotional experiences that occur in a wide variety of contexts (e.g., in music, film, literature, and everyday life). The omnipresence of tension experiences suggests that they build on very basic cognitive and affective mechanisms. However, the psychological underpinnings of tension experiences remain largely unexplained, and tension and suspense are rarely discussed from a general, domain-independent perspective. In this paper, we argue that tension experiences in different contexts (e.g., musical tension or suspense in a movie) build (...) on the same underlying psychological processes. We discuss key components of tension experiences and propose a domain-independent model of tension and suspense. According to this model, tension experiences originate from states of conflict, instability, dissonance, or uncertainty that trigger predictive processes directed at future events of emotional significance. We also discuss possible neural mechanisms underlying experiences of tension. The model provides a theoretical framework that can inform future empirical research on tension phenomena. (shrink)

The method of explication has been somewhat of a hot topic in the last 10 years. Despite the multifaceted research that has been directed at the issue, one may perceive a lack of step-by-step procedural or structural accounts of explication. This paper aims at providing a structural account of the method of explication in continuation of the works of Geo Siegwart. It is enhanced with a detailed terminology for the assessment and comparison of explications. The aim is to provide means (...) to talk about explications including their criticisms and their interrelations. There is hope that this treatment will be able to serve as a foundation to a step-by-step guide to be established for explicators. At least it should help to frame and mediate explicative disputes. In closing the enterprise will be considered an explication of ‘explication’, though consecutive explications improving on this one are undoubtedly conceivable. (shrink)

The pattern of credences we are inclined to assign to counterfactuals challenges standard accounts of counterfactuals. In response to this problem, the paper develops a semantics of counterfactuals in terms of the epsilon-operator. The proposed semantics stays close to the standard account: the epsilon-operator substitutes the universal quantifier present in standard semantics by arbitrarily binding the open world-variable. Various applications of the suggested semantics are explored including, in particular, an explanation of how the puzzling credences in counterfactuals come about.

In 1926 and 1927, James W. Alexander and Kurt Reidemeister claimed to have made “the same” crucial breakthrough in a branch of modern topology which soon thereafter was called knot theory. A detailed comparison of the techniques and objects studied in these two roughly simultaneous episodes of mathematical research shows, however, that the two mathematicians worked in quite different mathematical traditions and that they drew on related, but distinctly different epistemic resources. These traditions and resources were local, not universal elements (...) of mathematical culture. Even certain common features of the main publications such as their modernist, formal style of exposition can be explained by reference to particular constellations in the intellectual and professional environments of Alexander and Reidemeister. In order to analyze the role of such elements and constellations of mathematical research practice, a historiographical perspective is developed which emphasizes parallels with the recent historiography of experiment. In particular, a notion characterizing those “working units of scientific knowledge production” which Hans-Jörg Rheinberger has termed “experimental systems” in the case of empirical sciences proves helpful in understanding research episodes such as those bringing about modern knot theory. (shrink)

According to the knowledge norm of belief, one should believe p only if one knows p. However, it can easily seem that the ordinary notion of belief is much weaker than the knowledge norm would have it. It is possible to rationally believe things one knows to be unknown The aim of belief, Oxford University Press, Oxford, 2013). One response to this observation is to develop a technical notion of ‘outright’ belief. A challenge for this line of response is to (...) find a way of getting a grip on the targeted notion of belief. In order to meet this challenge, I characterize ‘outright’ belief in this paper as the strongest belief state implied by knowledge. I show that outright belief so construed allows this notion to play important theoretical roles in connection with knowledge, assertion and action. (shrink)

Die nachfolgenden Ausführungen ftellen den (nachträglich rekonftruierten) Inhalt eines Vortrages dar, der im Jahre 1929 an der Univerfität Wien als Einleitung in einen volkstümlichen Zyklus „Das Weltbild der Naturwiffenfchaft” gehalten wurde. Die Univerfität hatte die Abficht, jenen Zyklus in Buchform zu veröffentlichen; das Manufkript wurde 1930 in Druck gegeben und fogleich gefetzt und korrigiert. Nachdem der Vortrag nebft mehreren anderen einige Jahre im Satz geftanden hatte, mußte infolge widriger Umftände auf die Herausgabe des Buches verzichtet werden.Dem Zweck, den die Betrachtungen (...) in ihrem erften Rahmen verfolgten, können fie vielleicht auch hier und jetzt noch dienen; deshlb wird der Vortrag in der „Erkenntnis” abgedruckt, obgleich feine Grundgedanken den Lefern diefer Zeitfchrift nicht neu fein dürften. Es erfchien dem Verfaffer geraten, die kleine Arbeit in ihrer urfprünglichen Form zu laffen; er fah alfo davon ab, die damals gewählten Formulierungen durch folche zu erfetzen, deren er fich heute bedienen würde, wenn er das Thema neu zu behandeln hätte. (shrink)

Recently, Yalcin (Epistemic modals. Mind, 116 , 983–1026, 2007) put forward a novel account of epistemic modals. It is based on the observation that sentences of the form ‘ & Might ’ do not embed under ‘suppose’ and ‘if’. Yalcin concludes that such sentences must be contradictory and develops a notion of informational consequence which validates this idea. I will show that informational consequence is inadequate as an account of the logic of epistemic modals: it cannot deal with reasoning from (...) uncertain premises. Finally, I offer an alternative way of explaining the relevant linguistic data. (shrink)

This encyclopedia article provides a procedural account of explication outlining each step that is part of the overall explicative effort (2). It is prefaced by a summary of the historical development of the method (1). The latter part of the article includes a rough structural theory of explication (3) and a detailed presentation of an examplary explication taken from the history of philosophy and the foundations of mathematics (4).

There is a renewed debate about modus ponens. Strikingly, the recent counterexamples in Cantwell, Dreier and MacFarlane and Kolodny are generated by restricted readings of the ‘if’-clause. Moreover, it can be argued on general grounds that the restrictor view of conditionals developed in Kratzer and Lewis leads to counterexamples to modus ponens. This paper provides a careful analysis of modus ponens within the framework of the restrictor view. Despite appearances to the contrary, there is a robust sense in which modus (...) ponens is valid, owing to the fact that conditionals do not only allow for restricted readings but have bare interpretations, too. (shrink)

Questions are everywhere and the ubiquitous activities of asking and answering, as most human activities, are susceptible to failure – at least from time to time. This volume offers several current approaches to the systematic study of questions and the surrounding activities and works toward supporting and improving these activities. The contributors formulate general problems for a formal treatment of questions, investigate specific kinds of questions, compare different frameworks with regard to how they regulate the activities of asking and answering (...) of questions, and situate these activities in a wider framework of cognitive/epistemic discourse. From the perspectives of logic, linguistics, epistemology, and philosophy of language emerges a report on the state of the art of the theory of questions. (shrink)

Moritz Schulz explores counterfactual thought and language: what would have happened if things had gone a different way. Counterfactual questions may concern large scale derivations or small scale evaluations of minor derivations. A common impression, which receives a thorough defence in the book, is that oftentimes we find it impossible to know what would have happened. However, this does not mean that we are completely at a loss: we are typically capable of evaluating counterfactual questions probabilistically: we can say (...) what would have been likely or unlikely to happen. Schulz describes these probabilistic ways of evaluating counterfactual questions and turns the data into a novel account of the workings of counterfactual thought. (shrink)

Recently the Principia Cybernetica Project undertook a computer‐based collaborative effort to develop a unified system of philosophy. The philosophy and its implementation are explicitly based on evolutionary principles of variation and natural selection (VNS) and a fundamental type of emergence called MetaSystem Transition (MST) which increases the overall freedom and adaptivity of systems. MST, conceived and articulated by Turchin (1977), occurs when a control subsystem is replicated and integrated into a whole through a higher level VNS generated control subsystem. Turchin (...) also articulated the concept of “the will to immortality” which led to Heylighen's (1991) formulation of cybernetic immortality (CI) contingent on immortal meme systems, metarational consciousness, and limitless knowledge. A possible direction of future evolution is the emergence of further levels of organization realized in "superbeing/metabeings.” The precise configuration of these “beings” is still open; an aspect or totality of which may be viewed as "cybernetic immortality.” In this paper, I review aspects of memes and MST as the basis for cybernetic immortality, discuss the potential for further MetaSystem Transitions in humans and human culture (trans‐sapiens and trans‐culture) , generalized CI constructs and interactions between cybernetically immortal constructs. Finally, some reflections are offered concerning the role of CI constructs in future evolution and the evolution of the future. (shrink)

This paper studies degrees of doxastic justification. Dependency relations among different beliefs are represented in terms of causal models. Doxastic justification, on this picture, is taken to run causally downstream along appropriate causal chains. A theory is offered which accounts for the strength of a derivative belief in terms of (i) the strength of the beliefs on which it is based, and (ii) the epistemic quality of the belief-forming mechanisms involved. It is shown that the structure of degrees of justification (...) converges to ranking theory under ideal conditions. (shrink)

Joshua Greene has famously argued for two distinct processes of how humans make moral judgments. Despite a lively controversy around potential normative implications of this view, less attention has been paid to those philosophical assumptions that are fundamental to Greene’s dual-process theory itself. In this paper, I argue that Greene’s dual-process theory hinges on a modular account of cognition and the brain, and I critically discuss the plausibility of Greene’s view in light of increasing popularity of dynamical systems accounts in (...) cognitive science. If we reject modularity and adopt a dynamical systems perspective instead, we can still hope to find relative differences in the functional specialization of dynamic brain networks within one interconnected system, but Greene’s original theory in terms of two asymmetrically independent processes will no longer be tenable. This imposes constraints on the kind of explanations that we can expect from an empirically informed ethics in that only non-exclusive dual-process theories would be compatible with a dynamical systems account. Ultimately, however, the controversy around the modularity of mind should not be misconceived as a purely empirical question, but rather as a matter of conflicting epistemic standards as to what qualifies as a good explanation in cognitive science. (shrink)

The object of this paper is to advocate and to explain a certain view concerning the nature of philosophy.

Excerpt from Raum und Zeit in der Gegenwartigen Physik: Zur Einfuhrung in das Verstandnis der Relativitats-und Gravitationstheorie Die in dieser Schrift behandelte physikalische Theorie hat seit dem Erscheinen der zweiten Auflage eine wahr haft glanzende Bestatigung durch astronomische Beobach tungen gefunden (vergl. S. Sie hat dadurch die all gemeine Aufmerksamkeit in hohem Mae auf sich gelenkt und den Ruhm ihres Schopfers Einstein in noch hellerem Glanze erstrahlen lassen. So wird die grundlegende Be deutung der Relativitatstheorie fur unsere gesamte Natur auffassung (...) immer mehr von allen Seiten anerkannt, und es ist kein Zweifel, da sie binnen kurzem als Allgemeingut menschlich-wissenschaftlicher Weltanschauung gelten wird. Freilich, die Zahl derer, die diese erstaunliche Schopfung genialer Geisteskraft bewundern, ist weit schneller ge wachsen als die Zahl derer, die sie wirklich restlos ver stehen, und so hat sich das Bedurfnis nach aufklarenden Darstellungen der Grundlagen der Theorie nicht vermindert, sondern ist im Gegenteil im Steigen begriffen. Das zeigt sich auch darin, da die zweite Ausgabe dieser Schrift trotz hoherer Auflageziffer noch schneller erschopft war als die erste. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Why are hard decisions hard? According to the incomparabilists, hard choices are hard because the options cannot be compared. Proponents of parity hold that hard choices are hard because the options can be compared but only in terms of a fourth value relation—parity—in addition to the three standard relations: better, worse, and equally good. Others claim that hard choices are hard because it is vague (or indeterminate) how the options relate in terms of the three standard relations. Lastly, there is (...) the epistemicist. For the epistemicist, hard choices are hard because one is irresolvably ignorant about how the options compare. In the debate about hard choices, epistemicism is often mentioned but rarely defended. The present paper is a contribution to closing this gap. (shrink)

Indexical beliefs pose a special problem for standard theories of Bayesian updating. Sometimes we are uncertain about our location in time and space. How are we to update our beliefs in situations like these? In a stepwise fashion, I develop a constraint on the dynamics of indexical belief. As an application, the suggested constraint is brought to bear on the Sleeping Beauty problem.

Pseudoproblems, pseudoquestions, pseudosentences (etc.) constitute an iridescent group of concepts which were prominently used by the Vienna Circle (including Wittgenstein). In the course of an explication this paper presents a compilation of the many different meanings that were given to these expressions. This includes the more prominent Viennese approaches as well as a more recent one by Roy Sorensen. A novel proposal concerning the use ofthe term is made, suggesting that nothing is just a pseudoproblem, but only relative to a (...) certain state of discourse. While the paper follows an explicative methodology, several uses of 'pseudoproblem', including the explicated one, relate pseudoproblemhood to other kinds of analysis. (shrink)

ABSTRACT Is uncertainty about preferences rationally possible? And if so, does it matter for rational decision? It is argued that uncertainty about preferences is possible and should play the same role in rational decision-making as uncertainty about worldly facts. The paper develops this hypothesis and defends it against various objections.

There seems to exist a general consensus on how to conceptualize cooperation in the field of international relations (IR). We argue that this impression is deceptive. In practice, scholars working on the causes of international cooperation have come to implicitly employ various understandings of what cooperation is. Yet, an explicit debate about the discipline's conceptual foundations never materialized, and whatever discussion occurred did so only latently and without much dialog across theoretical traditions. In this paper, we develop an updated conceptual (...) framework by exploring the nature of these differing understandings and situating them within broader theoretical conversations about the role of cooperation in IR. Drawing on an array of studies in IR and philosophy, our framework distinguishes between three distinct types of cooperative state interactions – cooperation through tacit policy coordination (‘minimal’ cooperation), cooperation through explicit policy coordination (‘thin’ cooperation), and cooperation based on joint action (‘thick’ cooperation). The framework contributes to better theorization about cooperation in two main ways: it allows scholars across theoretical traditions to identify important sources of disagreement and previously unnoticed theoretical common ground; and the conceptual disaggregation it provides grants scholars crucial theoretical leverage by enabling type-specific causal theorization. (shrink)

A knowledge-based decision theory faces what has been called the prodigality problem : given that many propositions are assigned probability 1, agents will be inclined to risk everything when betting on propositions which are known. In order to undo probability 1 assignments in high risk situations, the paper develops a theory which systematically connects higher level goods with higher-order knowledge.

This paper explores the possibility of supplementing the suppositional view of indicative conditionals with a corresponding view of epistemic modals. The most striking feature of the suppositional view consists in its claim that indicative conditionals are to be evaluated by conditional probabilities. On the basis of a natural link between indicative conditionals and epistemic modals, a corresponding thesis about the probabilities of statements governed by epistemic modals can be derived. The paper proceeds by deriving further consequences of this thesis, in (...) particular, the logic of epistemic modals and their logical interaction with indicative conditionals are studied. (shrink)

Frege's philosophy of language includes detailed views on judgments. His formal logic - the Begriffsschrift - documents some of these views in the introduction and treatment of the judgment stroke. In current logic such an expression is either entirely ignored or, appearing as turnstile, plays an fundamentally different role. In this paper I put forward four claims: (i) Considering Frege's Begriffsschrift, it is methodologically palpable why the judgment stroke was omitted in nearly all logical systems developed after Frege. (ii) The (...) Frege-style inclusion of the judgment stroke in a formal language represents a partial implementation of results from speech act theory. (iii) A more comprehensive implementation, not limited to the judgment stroke, helps to satisfy justified expectations about formal languages and logical calculi. (iv) Such an implementation has not yet been achieved in the current logical mainstream. (shrink)

In the present study we scrutinize the historical development of a remarkable strategy to justify state punishment, conceived in the philosophy of the Enlightenment: the argument from the consent of the offender. We follow the development of this argument and its variants from Grotius to Hegel. Our particular interest lies in ascriptions of purely fictitious mental states to justify palpable moral or legal reactions. This investigation opens up a specific and illuminating perspective on the legal-philosophical theories of the investigated authors (...) and their conceptual connections. In that way it also helps to properly grasp important aspects of the systematic problem of criminal justice. (shrink)

People prefer prototypical stimuli over atypical stimuli. The dominant explanation for this prototype preference effect is that prototypical stimuli are processed more fluently. However, a more recent account proposes that prototypes are more strongly associated with their category’s valence, leading to a reversed prototype preference effect for negative categories. One critical but untested assumption of this category-valence account is that no prototype preference should emerge for entirely neutral categories. We tested this prediction by conditioning categories of dot patterns positively, negatively, (...) or neutrally. In line with previous findings on the category-valence account, prototype preference reversed for negatively conditioned categories. However, prototype preference was similarly strong for positive and neutral categories. These findings imply that prototype preferences do not only reflect a transfer of category valence to exemplars. Instead, the results suggest that prototype preference is a multi-process phenomenon arising from the activated category valence and a fluency-based process. We discuss further implications for theories on fluency and prototype preference. (shrink)