Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

Background: Although convolutional neural networks (CNNs) achieve high diagnostic accuracy for detecting Alzheimer’s disease (AD) dementia based on magnetic resonance imaging (MRI) scans, they are not yet applied in clinical routine. One important reason for this is a lack of model comprehensibility. Recently developed visualization methods for deriving CNN relevance maps may help to fill this gap as they allow the visualization of key input image features that drive the decision of the model. We investigated whether models with higher accuracy (...) also rely more on discriminative brain regions predefined by prior knowledge. Methods: We trained a CNN for the detection of AD in N = 663 T1-weighted MRI scans of patients with dementia and amnestic mild cognitive impairment (MCI) and verified the accuracy of the models via cross-validation and in three independent samples including in total N = 1655 cases. We evaluated the association of relevance scores and hippocampus volume to validate the clinical utility of this approach. To improve model comprehensibility, we implemented an interactive visualization of 3D CNN relevance maps, thereby allowing intuitive model inspection. Results: Across the three independent datasets, group separation showed high accuracy for AD dementia versus controls (AUC ≥ 0.91) and moderate accuracy for amnestic MCI versus controls (AUC ≈ 0.74). Relevance maps indicated that hippocampal atrophy was considered the most informative factor for AD detection, with additional contributions from atrophy in other cortical and subcortical regions. Relevance scores within the hippocampus were highly correlated with hippocampal volumes (Pearson’s r ≈ −0.86, p < 0.001). Conclusion: The relevance maps highlighted atrophy in regions that we had hypothesized a priori. This strengthens the comprehensibility of the CNN models, which were trained in a purely data-driven manner based on the scans and diagnosis labels. The high hippocampus relevance scores as well as the high performance achieved in independent samples support the validity of the CNN models in the detection of AD-related MRI abnormalities. The presented data-driven and hypothesis-free CNN modeling approach might provide a useful tool to automatically derive discriminative features for complex diagnostic tasks where clear clinical criteria are still missing, for instance for the differential diagnosis between various types of dementia. (shrink)

The question whether memory aberrations in posttraumatic stress disorder also manifest as an increased production of false memories is important for both theoretical and practical reasons, but is yet unsolved. Therefore, for the present study we investigated veridical and false recognition in PTSD with a new scenic variant of the Deese–Roediger–McDermott paradigm, which was administered to traumatized individuals with PTSD , traumatized individuals without PTSD , and non-traumatized controls . The PTSD group neither produced higher rates of false memories nor (...) expressed more confidence in errors, but did show inferior memory sensitivity. Whereas depressive symptoms did not correlate with veridical nor false recognition, state dissociation was positively associated with false memories. (shrink)

Die nachfolgenden Überlegungen beschäftigen sich mit der Frage, wie Karl Philipp Moritz' Rede von jener ,,Art eines höheren Daseins" zu verstehen ist, welches der Mensch über den Genuß eines Kunstwerks erreicht und in dem er seines ,,wahren und vollen Daseins" ansichtig wird. Es stellt sich heraus, daß dieses ,höhere Dasein' zwar als ein ästhetisches Vergnügen bezeichnet werden kann, daß es in recht eigentlicher Weise jedoch als jener Ort zu beschreiben ist, an dem Freiheit, Würde und Autonomie des Menschen grundgelegt (...) sind. Damit mündet die vermeintlich nur ästhetische Betrachtung eines Kunstwerks ein in das Wissen um die allgemeine politische Freiheit des Individuums. (shrink)

Building on the work of Peter Hinst and Geo Siegwart, we develop a pragmatised natural deduction calculus, i.e. a natural deduction calculus that incorporates illocutionary operators at the formal level, and prove its adequacy. In contrast to other linear calculi of natural deduction, derivations in this calculus are sequences of object-language sentences which do not require graphical or other means of commentary in order to keep track of assumptions or to indicate subproofs. (Translation of our German paper "Ein Redehandlungskalkül. (...) Ein pragmatisierter Kalkül des natürlichen Schließens nebst Metatheorie"; online available at http://philpapers.org/rec/CORERE.). (shrink)

In diesem Band sind die nachgelassenen Schriften Moritz Schlicks zur Ethik gesammelt, ediert und kommentiert. Die Beschäftigung mit ethischen Fragen war für Schlick während seines gesamten Lebens von hoher Relevanz, daher sind in diesem Band Schriften aus vier Jahrzehnten versammelt, die die Entwicklung seines ethischen Denkens veranschaulichen. Sie beginnen mit Vorarbeiten zu der „Lebensweisheit“, einem seiner ethischen Hauptwerke, welches bereits in MSGA I/3 erschienen ist. Im Laufe seiner akademischen Laufbahn in Rostock, Kiel und Wien hielt Schlick immer wieder Vorlesungen (...) und Vorträge zu ethischen Themen. Herausstechend sind hier sicherlich „Über Ästhetik und Ethik“, eine von sehr wenigen Schriften Schlicks zur Ästhetik, weiterhin die Dokumente zur Vorlesung „Ethik und Kulturphilosophie“ vom Wintersemester 1935/6 in Wien. Letztere legen nahe, dass Schlick eine Reihe von Publikationen plante, in denen er eine systematische Darstellung seiner Philosophie entwickeln wollte. In dieser sind Ethik und Kulturphilosophie Teile eines zusammenhängenden Ganzen, neben der Geschichte der Philosophie, Logik, Naturphilosophie und Erkenntnistheorie. (shrink)

Der interdisziplinäre "Wiener Kreis" (der "Wissenschaftlichen Weltauffassung", des "Logischen Empirismus") entstand um Moritz Schlick im Wien der Zwischenkriegszeit. Er ist bis heute nicht nur in den exakten Wissenschaften und der analytischen Philosophie allgegenwärtig. Er hat darüber hinaus Forschungsfelder wie Ökonomie, Architektur (Werkbund und Bauhaus), Psychologie (Gestalttheorie) oder moderner Literatur mitbestimmt. Seine Wirkung reicht von sozialen Reformbewegungen (Siedlerbewegung) bis in die Kunst der Neuen Sachlichkeit.

Personality, Consciousness and Nirvana in Early Buddhism Peter Harvey. The. SELFLESS. MIND. PERSQNALITY, CONSCIOUSNESS AND NIRVANA IN EARLY BUDDHISM. PETER. HARVEY. THE SELFLESS MIND THE SELFLESS ...

Peter Frankental, Head of Business Networks, Amnesty International, explores the role of The UN Universal Declaration of Human Rights as a corporate code of conduct. Frankental observes a changing business context, which overall increases the risk to business of dealing with other parties, including countries, subcontractors, joint venture partners and their stockholders. The paper proceeds to examine the barriers to integration of human rights, and identifies dilemmas that firms need to resolve. While in the author’s view ethical behaviour does (...) not confer competitive advantages in the short run, companies that base their codes of conduct on the UN Universal Declaration of Human Rights are likely to find themselves in the stronger position to protect their reputation, brands and assets in the longer term. (shrink)

David Chalmers argues that virtual objects exist in the form of data structures that have causal powers. I argue that there is a large class of virtual objects that are social objects and that do not depend upon data structures for their existence. I also argue that data structures are themselves fundamentally social objects. Thus, virtual objects are fundamentally social objects.

Propositional quantifiers are added to a propositional modal language with two modal operators. The resulting language is interpreted over so-called products of Kripke frames whose accessibility relations are equivalence relations, letting propositional quantifiers range over the powerset of the set of worlds of the frame. It is first shown that full second-order logic can be recursively embedded in the resulting logic, which entails that the two logics are recursively isomorphic. The embedding is then extended to all sublogics containing the logic (...) of so-called fusions of frames with equivalence relations. This generalizes a result due to Antonelli and Thomason, who construct such an embedding for the logic of such fusions. (shrink)

RÉSUMÉLes œuvres musicales sont à la fois multiples et audibles. Dans le domaine de l'ontologie musicale, deux des principaux modèles conçus pour expliquer ces caractéristiques des œuvres musicales sont le modèle type/instanciation et le modèle étape/continuité. Julian Dodd a soutenu que le modèle type/instanciation a un avantage sur le modèle étape/continuité, car il peut offrir une explication directe de l'audibilité des œuvres musicales en termes de catégorie ontologique. Je défends le modèle étape/continuité contre l'argument de Dodd en invoquant une relation (...) de continuité qui unifie l’œuvre. (shrink)

This article is concerned with the principle of compositionality, i.e. the principle that the meaning of a complex expression is a function of the meanings of its parts and its mode of composition. After a brief historical background, a formal algebraic framework for syntax and semantics is presented. In this framework, both syntactic operations and semantic functions are partial. Using 20 the framework, the basic idea of compositionality is given a precise statement, and several variants, both weaker and stronger, as (...) well as related properties, are distinguished. Several arguments for compositionality are discussed, and the standard arguments are found inconclusive. Also, several arguments against compositionality, and for the claim that it is a trivial property, are discussed, 25 and are found to be flawed. Finally, a number of real or apparent problems for compositionality are considered, and some solutions are proposed. (shrink)

Discovering a deep unity in Nietzsche's work by exploring the structure and argumentative movement of a wide range of his books, Berkowitz shows that Nietzsche is a moral and political philosopher in the Socratic sense whose governing question is, "What is the best life?".

We present Birch and colleagues with a dilemma. On one interpretation, they aim to chart the distribution of a sort of minimal perceptual awareness across the animal kingdom, where that awareness can be fully characterized in third-person psychological terms. On this interpretation, the project is worthy but dull, since it doesn’t touch the question that has excited most people: whether other animals are phenomenally conscious. On an alternative interpretation, in contrast, they hope to resolve this latter question, arguing that phenomenal (...) consciousness is extremely widespread. But if this is their intention, then their argument begs the question. (shrink)

Human Quality Treatment (HQT) is a theoretical approach expressing different ways of dealing with employees within an organization and is embedded in humanistic management tenants of dignity, care, and personal development, seeking to produce morally excellent employees. We build on the theoretical exposition and present a measure of HQT-Scale across several studies including cross-culturally to enhance confidence in our results. Our first study generates the 25 items for the HQT-Scale and provides initial support for the items. We then followed up (...) with a large study of managers (n = 363) from Nigeria in study 2, which confirms the theoretical properties of the five dimensions of HQT and highlights a two-factor construct: HQT Ethically Unacceptable and HQT Ethically Acceptable using a 20-item HQT-Scale. Study 3 with a large sample of New Zealand employees (n = 452) again confirms the nature of the construct and provides construct validity tests. Finally, using time-lagged data, study 4 (n = 308) focuses on New Zealand employees and job attitudes and behaviors, and a well-being outcome. That study not only confirms the theoretically implied effects but also shows the HQT Ethically Acceptable factor mediates the detrimental effects of HQT Ethically Unacceptable. Overall, our four studies provide strong support for the HQT-Scale and highlight important understandings of HQT and humanistic management in the workplace. (shrink)

This article explores a framework for analyses of what has variously been termed the ‘implied’, ‘imagined’, ‘virtual’ or ‘putative’ reader/addressee – the effect by which ostensibly ‘monologic’ texts, such as news media commentary, political pronouncements and academic essays project particular attitudes, beliefs and expectations on to the reader/addressee. The framework is demonstrated in being applied to an examination of the construal of putative addressee positioning in a selection of mass media texts concerned with the Israeli military’s invasion of Gaza in (...) 2014. The framework is novel in the way in which it mobilises the account of the options for dialogistic positioning offered by the appraisal-framework literature, combined with some insights from Toulmin’s notion of the argumentative ‘warrant’. Conclusions are offered as to how such analyses of the readers being ‘written into the text’ can extend insights into the rhetorical workings of such texts and their ideological functionality in naturalising particular value positions. (shrink)

Despite considerable recent attention, important features of Schelling’s famous work, the 1809 treatise On the Essence of Human Freedom, remain under-explored. One of these is the methodological dualism which Schelling advocates at the very start of the text. Schelling aims to weld together into a coherent position a first-person phenomenology of freedom and an explanation achieved by locating freedom within a conceptual system articulating the basic structure of the world. Most interpretations of the Freiheitsschrift, however, concentrate on only one of (...) these approaches, thus foreshortening their understanding of Schelling’s enterprise. The article explores this tendency towards one-sidedness by considering two sophisticated recent interpretations of the work, taking opposite tacks. One, by Markus Gabriel, focuses on the distinctive, self-reflexive metaphysics which Schelling proposes, while the other, by Sebastian Gardner, claims that Schelling’s ontology is extrapolated entirely from his account of our moral consciousness, a procedure pioneered by Kant. The article argues that neither of these interpretations can do full justice to Schelling’s project. Furthermore, although the Freiheitsschrift is not entirely successful, and hence points towards later developments in Schelling’s thinking, its treatment of freedom is superior to the ‘soft naturalism’ pioneered by Peter Strawson, and currently influential across various philosophical traditions. (shrink)

There is presently a debate between Subjectivists and Objectivists about moral wrongness. Subjectivism is the view that the moral status of our actions, whether they are morally wrong or not, is grounded in our subjective circumstances – either our beliefs about, or our evidence concerning, the world around us. Objectivism, on the other hand, is the view that the moral status of our actions is grounded in our objective circumstances – all those facts other than those which comprise our subjective (...) circumstances. A third view, Ecumenism, has it that the moral status of our actions is grounded both in our subjective and our objective circumstances. After outlining and evaluating the various arguments both against Subjectivism and against Objectivism, this Element offers a tentative defense of Objectivism about moral wrongness. (shrink)

By reference to Maxwell's kinetic theory, one feature of hypothetico-deductivism is defended. A scientist need make no inference to a hypothesis when he first proposes it. He may have no reason at all for thinking it is true. Yet it may be worth considering. In developing his kinetic theory there were central assumptions Maxwell made (for example, that molecules are spherical, that they exert contact forces, and that their motion is linear) that he had no reason to believe true. In (...) this paper I develop a position that explains why they were worth considering, and that rejects the retroductive position that a hypothesis is worth considering when, if true, it would explain the observed data. (shrink)

Among the objections to the implementation of what I will call "genome editing in human reproduction" is that it does not address any unmet medical need, and therefore fails to meet an important criterion for introducing an unproven procedure with potentially adverse consequences. To be clear: what I mean by GEHR is the use of any one of a number of related biological techniques, such as the CRISPR-Cas9 system, deliberately to modify a functional sequence of DNA in a cell of (...) a human embryo, so that the modified sequence is replicated in the cells of a resulting child and may, without further intervention, be passed on to that child's biological descendants. It is... (shrink)

In this compelling and timely treatise, cultural theorist and educator Peter Trifonas puts forth the first book-length study of Jacques Derrida's 'educational texts:' that is, those writings most explicitly concerned with the ethics and politics of the historico-philosophical structures constituting the scene of teaching. The text examines how deconstruction allows us to re-think the socio-historical and ethico-philosophical aspects of pedagogical practices and policies, including pedagogical theories that have had direct bearing on the ethical and cultural ideals forming the reason (...) of Western educational systems and the exclusion of its 'Others.'. (shrink)

In 1936, G. Birkhoff and J. v. Neumann published an article with the title The logic of quantum mechanics'. In this paper, the authors demonstrated that in quantum mechanics the most simple observables which correspond to yes-no propositions about a quantum physical system constitute an algebraic structure, the most important proper ties of which are given by an orthocomplemented and quasimodular lattice Lq. Furthermore, this lattice of quantum mechanical proposi tions has, from a formal point of view, many similarities with (...) a Boolean lattice L8 which is known to be the lattice of classical propositional logic. Therefore, one could conjecture that due to the algebraic structure of quantum mechanical observables a logical calculus Q of quantum mechanical propositions is established, which is slightly different from the calculus L of classical propositional logic but which is applicable to all quantum mechanical propositions. This calculus has sometimes been called 'quan tum logic'. However, the statement that propositions about quantum physical systems are governed by the laws of quantum logic, which differ from ordinary classical logic and which are based on the empirically well-established quantum theory, is exposed to two serious objec tions: Logic is a theory which deals with those relationships between various propositions that are valid independent of the content of the respective propositions. Thus, the validity of logical relationships is not restricted to a special type of proposition, e. g. to propositions about classical physical systems. (shrink)

For the modern-day jihadist, the digital self-portrait or, more specifically, battlefield selfie is a popular tool for identity building. Similarly to the selfies taken by non-violent practitioners of self-capture culture, the jihadist selfie represents an alternative to the Cartesian formulation of a unitary and indivisible self. Rather, it is a product of social relations and performative actions, constituted in dialogue with others through very specific socio-cultural frameworks and expectations. However, unlike its non-violent Doppelganger, the expectations of this dialogue are centred (...) around a larger political agenda which actively seeks to reformat collective memories of imperial Islamic conquests and co-opt religion as a way to impose a moral order on its violence. Importantly, the battlefield selfie allows the jihadist easily to traverse the boundaries between two seemingly opposing belief systems. Although there exists a wealth of scholarship of self-capture culture, image sharing sites and micro-celebritism, their pervasive influence and practice on battlefield is understudied. This article draws from the personal histories of key Islamic extremists who were both lionized and demonized as a result of their battlefield micro-influencer practices. Today, however, the same individuals can achieve internet fame by participating in self-capture culture – posting selfies, videos or blogging. In other words, never before has a soldier’s public communication been so personal yet collective. (shrink)

First published in 1998, this volume argues that two conditions need to be met for any agreement between people with conflicting desires to count as an unforced one, namely, that the parties argue as if they had equal power and that their antipathy to being coerced exceeds their desire to coerce others. These conditions entail objective moral principles and a theory of justice, modifying and developing Rawls' contractarian theory, but without the veil of ignorance. They support Rawls on basic civil (...) liberties and constitutional liberal democratic government, including religious tolerance, anti-paternalism, anti-racism and anti-sexism, but dispute his Difference Principle, his circumstances of justice, Laws of Peoples, reflective equilibrium, and freedom of conscience as a basic liberty. The book also gives a contractarian account of epistemology, metaethics, education, the rationality of being moral, the rights of animals and other non-persons, and the rights of indigenous peoples. Writers such as Brian Barry, R.S. Peters, Isaiah Berlin, Vinit Haksar, Jurgen Habermas, R.M. Hare, Philip Pettit, Derek Parfit, Michael Smith, Peter Geach, Philippa Foot, Bronwyn Davies, Quentin Skinner and Will Kymlicka are also discussed. (shrink)

Social knowledge, for the most part, is knowledge through testimony. This essay is an overview of the epistemology of testimony. The essay separates knowledge from justification, characterizes testimony as a source of belief, explains why testimony is a source of knowledge, canvasses arguments for anti-reductionism and for reductionism in the reductionism vs. anti-reductionism debate, addresses counterexamples to knowledge transmission, defends a safe basis account of testimonial knowledge, and turns to social norms as a partial explanation for the reliability of testimony.

“Metapolitics” is an ambiguous term. Recent philosophers have claimed the concept for neo-conservative, even right-wing agendas, while others have employed it to signal radical discontent with politics altogether. Beginning with Peter Viereck’s characterization of Nazi ideology as “Meta-Politics,” this essay works its way back from an “irrational,” “volkish,” and supposedly “conservative” concept to another use of “Metapolitics” as found in Martin Buber and Hermann Cohen that was rooted in a liberal tradition of the Enlightenment—especially in August Schlözer and Saul (...) Ascher. Both, Buber and Cohen, linked “metapolitical politics” to prophetic and theopolitical sensibilities. As such, the prophetic motif of turning loomed large at the center of their respective philosophies of nationalism. But it was a theme that also connected a wide range of thinkers, including Hans Kohn and Leo Baeck, and which emerged as a Leitmotiv of cultural and spiritual Zionism as well as of the modern Renaissance of Jewish culture. Drawing on Moritz Lazarus, the essay argues that the recurring trope of turning helped establish a paradoxical nationalism founded not upon self-empowerment and political othering but on self-criticism. Concluding with a brief excursion on Abraham Joshua Heschel’s prophetic politics in the Civil Rights Movement, the essay gestures towards the possibility of nationalism as collective introspection and self-reformation. (shrink)

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

The increased popularity of the label "cultural" within science studies, especially in relation to "cultural studies, " invites consideration of how it is and can be used in historical work. A lot more seems now to be invested in the notion of "cultural history. " This article examines some recent historiography of science as a means of considering what counts as cultural history in that domain and attempts to coordinate it with the sociologically informed studies of the past ten orfifteen (...) years. The label "sociocultural" seems a more useful term by which to capture recent developments. (shrink)