ABSTRACTThe aim of this article is to see whether we can account for the normativity of law within the framework of legal positivism and whether the idea of a social convention could be of help in this endeavour. I argue, inter alia, that we should distinguish between the problem of accounting for the normativity of law, conceived as a necessary property of law, and the problem of accounting for the use of normative legal language on the part of (...) legal actors; that the debate about the normativity of law, which mainly concerns, is more or less identical to the debate between legal positivists and non-positivists; that one cannot account for the normativity of law, conceived along the lines of, within the framework of legal positivism, and that the question of the normativity of law considered within the framework of legal positivism is not an open question. (shrink)

In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study (...) of law's normativity, it is less attractive than the latter from the broader viewpoint of the study of the nature of law. I then distinguish between a moral and a strictly legal conception of the normative force of legal justification, and argue that legal positivists may without contradiction embrace the moral conception, and that therefore the analysis of the normative force of legal justification need not be a problem for legal positivists. I conclude that, on the whole, we have reason to prefer legal positivism to natural law theory. I begin by introducing the subject of jurisprudence . I then introduce the natural law/legal positivism debate, suggesting that we ought to understand it as a debate about the proper way to explicate the concept of law . I proceed to argue that legal decision‐making is a matter of applying legal norms to facts, and that syllogistic reasoning plays a prominent role in legal decision‐making thus conceived . Having done that, I discuss law's normativity , the normative force of legal justification , and the relation between the former and the latter . I conclude with a critical comment on Joseph Raz’ understanding of the question of law's normativity. (shrink)

In Le mythe de Sisyphe Camus deals with the problem of suicide because of the absurdity of life. He sees people committing suicide because they think life, being absurd, is no longer worthwhile. But does the absurdity of life imply that life is not worthwhile? He argues this is not the case. The logic of the absurd leads to revolt, freedom and passion for life. These make life worthwhile. So suicide is not the conclusion of the logic of the (...) absurd. However, his argument, though inspiring, fails to recognize the problem of suicide. Why do people who commit suicide because of the absurd believe life is no longer worthwhile? In my article I try to answer this question. In L’homme révolté Camus states that revolt can be contaminated by ressentiment. I think this contamination can explain why people believe life in an absurd world is no longer worthwhile. Based on Scheler’s analysis of ressentiment in Das Ressentiment im Aufbau der Moralen I try to describe the process of this contamination. It is argued first that ressentiment is a consequence of the final impotence of revolt to protect what is valuable, second that revolt will not transform in ressentiment only when it is capable of overcoming itself in resignation. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad (...) enough to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

Although the Common Law model of precedent and the Civil Law model of precedent differ in certain respects, they are also similar in important respects. In this chapter, I discuss the question of whether the common core of these models, which I call the shared view, can be squared with a theory called reasons holism. I argue (1) that if the usual reasons for following precedent are genuine, then any of these reasons may favor following precedent in some situations, but (...) not in others, and that this threatens the shared view. I also argue, however, (2) that we may coherently conceive of these reasons as conventional reasons, and that therefore the shared view will not be threatened. Moreover, I argue (3) that if ordinary legal reasons are genuine, the ratio decidendi of a precedent cannot be a genuine general norm, that following precedent can therefore not be understood as action in keeping with such a norm, and (4) that no alternative analysis of the ratio in terms of legal rules of thumb, or supervenience likeness, can solve these problems. I also argue, however, (5) that the shared view can nevertheless be defended, because the theory of reasons holism is actually rather problematic, and because even if this were not so, legal positivists could still defend the shared view, on the grounds that legal reasons are merely conventional reasons. (shrink)

In this short paper, I argue that legal philosophers ought to focus more than they have done so far on problems of legal reasoning. Not only is this a field with many philosophically interesting questions to consider, but it is also, in my estimation, the field in which legal philosophers can contribute the most to both the study and the practice of law. For even though reasoning and interpretation are at the center of what legal practitioners and legal scholars do, (...) neither legal practitioners nor legal scholars reason with the same care and precision as philosophers do. Against this background, I suggest that the following three types of questions regarding legal reasoning are especially worthy of serious consideration. The first is that of the possible relevance of the theory of reasons holism to legal reasoning in general. The second is the question of how to analyze legal statements in a way that does not undermine the rationality of legal reasoning. And the third is the question of whether legal arguments are to be understood as deductive arguments, or as inductive arguments, or both, and if so how. (shrink)

In the paper (Braüner, 2014) we were concerned with logical formalizations of the reasoning involved in giving correct responses to the psychological tests called the Sally-Anne test and the Smarties test, which test children’s ability to ascribe false beliefs to others. A key feature of the formal proofs given in that paper is that they explicitly formalize the perspective shift to another person that is required for figuring out the correct answers – you have to put yourself in another person’s (...) shoes, so to speak, to give the correct answer. We shall in the present paper be concerned with what happens when answers are given that are not correct. The typical incorrect answers indicate that children failing false-belief tests have problems shifting to a perspective different from their own, to be more precise, they simply reason from their own perspective. Based on this hypothesis, we in the present paper give logical formalizations that in a systematic way model the typical incorrect answers. The remarkable fact that the incorrect answers can be derived using logically correct rules indicates that the origin of the mistakes does not lie in the children’s logical reasoning, but rather in a wrong interpretation of the task. (shrink)

Background: Nurses working within acute psychiatric settings often face multifaceted moral dilemmas and incompatible demands. Methods: Qualitative individual and focus group interviews were conducted. Ethical considerations: Approval was received from the Norwegian Social Science Data Services. Ethical Research Guidelines were followed. Participants and research context: Thirty nurses working within acute psychiatric wards in two mental health hospitals. Results: Various coping strategies were used: mentally sorting through their ethical dilemmas or bringing them to the leadership, not ‘bringing problems home’ after work (...) or loyally doing as told and trying to make oneself immune. Colleagues and work climate were important for choice of coping strategies. Discussion: Nurses’ coping strategies may influence both their clinical practice and their private life. Not facing their moral distress seemed to come at a high price. Conclusions: It seems essential for nurses working in acute psychiatric settings to come to terms with distressing events and identify and address the moral issues they face. As moral distress to a great extent is an organisational problem experienced at a personal level, it is important that a work climate is developed that is open for ethical discussions and nourishes adaptive coping strategies and moral resilience. (shrink)

Special Issue, n. I, ch. 1, On the Transcendental.

Background In this article, the sources and features of moral distress as experienced by acute psychiatric care nurses are explored. Research design A qualitative design with 16 individual in-depth interviews was chosen. Braun and Clarke’s six analytic phases were used. Ethical considerations Approval was obtained from the Norwegian Social Science Data Services. Participation was confidential and voluntary. Findings Based on findings, a somewhat wider definition of moral distress is introduced where nurses experiencing being morally constrained, facing moral dilemmas or moral (...) doubt are included. Coercive administration of medicines, coercion that might be avoided and resistance to the use of coercion are all morally stressful situations. Insufficient resources, mentally poorer patients and quicker discharges lead to superficial treatment. Few staff on evening shifts/weekends make nurses worry when follow-up of the most ill patients, often suicidal, in need of seclusion or with heightened risk of violence, must be done by untrained personnel. Provision of good care when exposed to violence is morally challenging. Feelings of inadequacy, being squeezed between ideals and clinical reality, and failing the patients create moral distress. Moral distress causes bad conscience and feelings of guilt, frustration, anger, sadness, inadequacy, mental tiredness, emotional numbness and being fragmented. Others feel emotionally ‘flat’, cold and empty, and develop high blood pressure and problems sleeping. Even so, some nurses find that moral stress hones their ethical awareness. Conclusion Moral distress in acute psychiatric care may be caused by multiple reasons and cause a variety of reactions. Multifaceted ethical dilemmas, incompatible demands and proximity to patients’ suffering make nurses exposed to moral distress. Moral distress may lead to reduced quality care, which again may lead to bad conscience and cause moral distress. It is particularly problematic if moral distress results in nurses distancing and disconnecting themselves from the patients and their inner selves. (shrink)

Introducing formal causation / Ludger Jansen and Petter Sandstad -- Form, intention, information : from scholastic logic to artificial intelligence / Gyula Klima -- Formal causation : accidental and substantial / David S. Oderberg -- A non-hylomorphic account of formal causation / Petter Sandstad and Ludger Jansen -- Formal causes for powers theorists / Giacomo Giannini and Stephen Mumford -- Away with dispositional essences in trope theory / Jani Hakkarainen and Markku Keinänen -- Functional powers / Michele Paolini (...) Paoletti -- An Aristotelian approach to existential dependence / Benjamin Schnieder and Jonas Werner -- Finean feature dependence and the Aristotelian alternative / Wolfgang Sattler -- A problem for natural-kind essentialism and formal causes / José Tomás Alvarado and Matthew Tugby -- Form as cause and the formal cause : Aristotle's answer / James G. Lennox -- Form, cause, and explanation in biology : a neo-Aristotelian perspective / Christopher J. Austin -- Formal explanation and mechanisms of conceptual representation / Sandeep Prasada. (shrink)

Functional explanations apply not only in cases of normal functioning, but also in the case of malfunctioning. According to a straightforward analysis, a bearer of the function to F is malfunctioning if and only if it does not F although it should do so. This makes malfunctions and malfunctionings analogous to negative causation and thus peculiarly problematic, because they seem to involve absent dispositions and absent processes. This analysis seems also to require that the function to F cannot be identical (...) with the disposition to F. Then we seem to be trapped in a dilemma: Either the realm of functions is separated from the realm of dispositions; then it seems that functions cannot be causally efficacious. Alternatively, functions are considered to be identical with dispositions; but then malfunctioning seems to be conceptually impossible. The paper defends and further develops the thesis of Röhl and Jansen that functions are not a special type of dispositions. For this purpose, it first reviews different varieties of malfunction and malfunctioning and suggests definitions of both malfunction and malfunctioning. It reviews how causal, etiological and intentional theories of functions can deal with these problems. In particular, the paper discusses the special-disposition account of the Basic Formal Ontology. Spear, Ceusters and Smith :103--128, 2016) have defended the special-disposition account of the Basic Formal Ontology by suggesting various strategies how a special-disposition account can deal with malfunctions. On the one side, the paper evaluates these strategies and indicates several problems arising from them. On the other hand, it describes how to account for the non-optionality and the causal efficacy of functions, if functions are not dispositions. While function types are not identical to disposition types, there are important interrelations between functions and dispositions, namely heuristically, from a design perspective for artefact functions, and from an evolutionary perspective for types of biological functions. (shrink)

BackgroundDefensive practice occurs when physicians provide services, such as tests, treatments and referrals, mainly to reduce their perceived legal or reputational risks, rather than to advance patient care. This behaviour is counter to physicians’ ethical responsibilities, yet is widely reported in surveys of doctors in various countries. There is a lack of qualitative research on the drivers of defensive practice, which is needed to inform strategies to prevent this ethically problematic behaviour.MethodsA qualitative interview study investigated the views and experiences of (...) physicians in Australia on defensive practice and its contribution to low value care. Interviewees were recruited based on interest in medico-legal issues or experience in a health service involved in ‘Choosing Wisely’ initiatives. Semi-structured interviews averaged 60 min in length. Data were coded using the Theoretical Domains Framework, which encapsulates theories of behaviour and behaviour change.ResultsAll participants (n = 17) perceived defensive practice as a problem and a contributor to low value care. Behavioural drivers of defensive practice spanned seven domains in the TDF: knowledge, focused on inadequate knowledge of the law and the risks of low value care; skills, emphasising patient communication and clinical decision-making skills; professional role and identity, particularly clinicians’ perception of patient expectations and concern for their professional reputation; beliefs about consequences, especially perceptions of the beneficial and harmful consequences of defensive practice; environmental context and resources, including processes for handling patient complaints; social influences, focused on group norms that encourage or discourage defensive behaviour; and emotions, especially fear of missing a diagnosis. Overall, defensive practice is motivated by physicians’ desire to avoid criticism or scrutiny from a range of sources, and censure from their professional peers can be a more potent driver than perceived legal consequences.ConclusionsThe findings call for strengthening knowledge and skills, for example, to improve clinicians’ understanding of the law and their awareness of the risks of low value care and using effective communication strategies with patients. Importantly, supportive cultures of practice and organisational environments are needed to create conditions in which clinicians feel confident in avoiding defensive practice and other forms of low value care. (shrink)

Chalmers introduced the hard problem of consciousness as a profound gap between experience and physical concepts. Philosophical theories were based on different interpretations concerning the qualia/concept gap, such as interactive dualism (Descartes), as well as mono aspect or dual aspect monism. From a bio-psychological perspective, the gap can be explained by the different activity of two mental functions realizing a mental representation of extra-mental reality. The function of elementary sensation requires active sense organs, which create an uninterrupted physical chain (...) from extra-mental reality to the brain and reflect the present. The function of categorizing reflection no longer needs sense organs, so that the physical chain to extra-mental reality is interrupted and now reflects the past. Whereas elementary sensation is an open system, categorizing reflection remains a closed system, separated from extra-mental reality. This creates the potentiality/reality gap, since prediction from the closed to the open system remains always uncertain. Elementary sensation is associated to specific qualia for each sense organ. Chalmers also attributed qualia to thoughts, with more neutral thought qualia. Thus at the qualia level, there is also an important gap, but now between specific sense qualia and neutral thought qualia. Since all physical concepts are simultaneously linked to neutral thought qualia, the hard problem might be explained by a qualia/qualia gap instead of a qualia/concept gap. The mental function of categorizing reflection induces the change from sense qualia to thought qualia by a categorization process. The specific sense qualia mosaic of an apple is reduced to physical concepts with neutral qualia by progressive categorization first to fruit, then to food, to chemicals and finally to calories. This might explain the gap felt in the hard problem, since specific sense qualia are completely different from neutral thought qualia, so that the hard problem could already be encountered at the qualia level. Since the gap of the hard problem is due to the interaction of different mental functions, it is compatible with a philosophical monism. (shrink)

: "Clinical pragmatism" is an important new method of moral problem solving in clinical practice. This method draws on the pragmatic philosophy of John Dewey and recommends an experimental approach to solving moral problems in clinical practice. Although the method may shed some light on how clinicians and their patients ought to interact when moral problems are at hand, it nonetheless is deficient in a number of respects. Clinical pragmatism fails to explain adequately how moral problems can be solved (...) experimentally, it underestimates the relevance and importance of judgment in clinical ethics, and it presents a questionable account of the role that moral principles should play in moral problem solving. (shrink)

Offers analysis of MacCormick's positivistic account of legal reasoning, partially in response to Dworkin's claim that positivism is inadequate as a theory of law because it cannot account for the nature of legal reasoning. Having analyzed MacCormick's theory and having applied it to some cases, we are now ready to evaluate it. My conclusion is that inmany cases MacCormick's theory can indeed give the judge the kind of concrete guidance he needs when with a hard case. The reason why MacCormick's (...) theory is successful in this regard is that it offers the judge a reasonably firm ranking of the interpretive arguments, and that it is rather easy to understand and apply. The former circumstance is of course important - unless we rank the interpretive arguments, the theory simply will not be able to give the judge any guid ance at all. But the latter circumstance is also cause itmeans that judges will be able to apply the theory even be though they may lack a deep understanding of the relevant field of substantive law. Judges, as is well known, are usually gen eralists, not experts in any particular field. So unlike Ronald Dworkin's subtle and intriguing theory of adjudication,80 MacCormick's theory might actually be applied by real judges in any jurisdiction. This must be considered quite an advantage. To be sure, applying MacCormick's theory to a concrete case is not always easy. But the difficulties we have encountered in applying the theory have been difficulties that would create problems for any theory of legal reasoning. Moreover, with one these difficulties can be handled within the frame work of the theory as it stands. For example, the problem of choosing between a technical and an ordinary version of plain exception which we encountered in the Boxer case, can in most cases be solved by reference to the value that underlies the textual approach, namely predictability. The problem about intentionalist arguments, which we encountered in the case of the Statutory Share, can be solved by simply adding the cate gory of intentionalist arguments toMacCormick's typology of interpretive arguments, or perhaps by placing intentionalist arguments in the category of textual arguments.81 The problem of linguistic indeterminacy, however, which we encountered in theWeber ase, appears to be more or less impossible to solve. If and to the extent that the words that occur in the statute are vague or ambiguous - in their ordinary or in their technical meaning, or in both - the value of the textual approach is clearly reduced. The judge must then proceed to consider systemic and teleological arguments in that order. (shrink)

ABSTRACT When applying moral principles to concrete cases, we assume a background shared understanding of the boundaries of the persons to whom the principles apply. In most contexts, this assumption is unproblematic. However, in end‐of‐life contexts, when patients are receiving ‘artificial’ life‐support, judgments about where a person's self begins and ends can become controversial. To illustrate this possibility, this paper presents a case in which a decision must be made whether to deactivate a patient's pacemaker as a means to hasten (...) his death. After discussing some common moral principles that are often applied to resolve ethical problems at the end of life and after explaining why they are of no help here, the paper argues that the correct analysis of this case, and of cases of this sort, turns on considerations that relate to the constitution of the self. These considerations, the paper further argues, sometimes resist resolution. The constitution of the self is fixed in large measure by our concepts and social conventions, and these do not always provide determinate grounds for delimiting the boundaries of the self. (shrink)

With substance dualism and the existence of God, Swinburne (2004, The Existence of God, Oxford University Press, Oxford) and Moreland (2010, Consciousness and the Existence of God, Routledge, New York) have argued for a very powerful explanatory mechanism that can readily explain several philosophical problems related to consciousness. However, their positions come with presuppositions and ontological commitments which many are not prepared to share. The aim of this paper is to improve on the Swinburne-Moreland argument from consciousness by developing an (...) argument for the existence of God from consciousness without being committed to substance dualism. The argument proceeds by suggesting a solution to the exceptional-point-of-view problem, i.e., the question how it can be explained that there is a conscious being lucky enough to experience the point of view of a relatively tiny brain amidst a giant universe that is indifferent about which physical entities it brings about according to the laws of physics. (shrink)

In Republic X, the “problem of the irrational part” is this: Greek tragedy interacts with non-reasoning elements of the soul, affecting audiences in ways that undermine their reasoned views about virtue and value. I suggest that the common construal of Socrates’s critique of Greek tragedy is inadequate, in that it belies key elements of Plato’s audience psychology; specifically, the crucial role of the spirited part and the audience’s cognitive contribution to spectatorship. I argue that Socrates’s emphasis on the audience’s (...) cognitive contribution to spectatorship allows him to anticipate a non-authoritarian solution to the problem of the irrational part. (shrink)

Like the doctrine of the categories in general, Aristotle’s category of the relative fulfils disparate functions: On the one hand, the category of the pros ti fulfils a dialectic or logical function that aims at the avoidance of fallacies. On the other hand, the category respects the peculiar mode of being of the relative. Taking these two different functions into consideration helps with the interpretation of Aristotle’s two definitions of the relative and his treatment of the properties of the relative (...) in Cat. 7, with the question whether corresponding relatives are of equal priority or ontologically independent, with the genus-species problem , and with the categorical classification of potency and act. (shrink)

This book discusses the philosophy of influential contemporary philosopher Peter van Inwagen. Looking at perennial philosophical problems from a modern point of view, Peter van Inwagen’s philosophy masterfully combines positions that have been considered irreconcilable: incompatibilism concerning free will, materialism, organicism, theism and realism concerning fictional entities. As readers will discover, his arguments are witty, surprising and deep. -/- The book includes Peter van Inwagen’s Münster Lecture of 2015 on free will, as well as eleven papers from the Münster colloquium (...) discussing central themes of his philosophy, and a reply to each paper by Peter van Inwagen himself. Introducing his philosophy and relating his work to other contemporary views, this book is of interest to graduate students and professionals in philosophy alike. (shrink)

Eastern philosophy and western science have convergent and divergent viewpoints for their explanation of consciousness. Convergence is found for the practice of meditation allowing besides a time dependent consciousness, the experience of a timeless consciousness and its beneficial effect on psychological wellbeing and medical improvements, which are confirmed by multiple scientific publications. Theories of quantum mechanics with non-locality and timelessness also show astonishing correlation to eastern philosophy, such as the theory of Penrose-Hameroff (ORC-OR), which explains consciousness by reduction of quantum (...) superposition in the brain. Divergence appears in the interpretation of the subjective experience of timeless consciousness. In eastern philosophy, meditation at a higher level of awareness allows the personal experience of timeless and non-dual consciousness, considered as an empirical proof for the existence of pure consciousness or spirituality existing before the material world and creating it by design. Western science acknowledges the subjective, non-dual experience, and its multiple beneficial effects, however, the interpretation of spirituality designing the material universe is in disagreement with the Darwinian Theory of mutation and selection. A design should create an ideal universe without the injustice of 3% congenital birth defects and later genetic health problems. The western viewpoint of selection is more adapted to explain congenital errors. The gap between subjectivity and objectivity, the mind-body problem, is in eastern philosophy reduced to the dominance of subjectivity over objectivity, whereas western science attributes equal values to both. Nevertheless, there remains an astonishing complementarity between eastern and western practices. (shrink)

This article analyses how recent critiques of secularism in political philosophy and cultural anthropology might productively be combined and contrasted with each other. I will show that Jürgen Habermas' postsecularism takes insufficient account of elementary criticisms of secularism on the part of anthropologists such as Talal Asad and Saba Mahmood. However, I shall also criticize Saba Mahmood’s reading of secularism by arguing that, in the end, she replaces the secular–religious divide with a secularity–piety divide; for example, in her reading of (...) Nasr Abu Zayd’s secular Islamic hermeneutics. This inhibits the use of her framework of analysis for a criticism of a problem central to Habermas' postsecularism, namely that it remains focused on specific intensities of belief. I shall then argue that, combined with the anthropological critiques of the secular, the political-historical nature of the fanaticism–piety–violence nexus should be integrated into political philosophical debates on secularism and postsecularism. (shrink)

A 'social trap' is a situation where individuals, groups or organisations are unable to cooperate owing to mutual distrust and lack of social capital, even where cooperation would benefit all. Examples include civil strife, pervasive corruption, ethnic discrimination, depletion of natural resources and misuse of social insurance systems. Much has been written attempting to explain the problem, but rather less material is available on how to escape it. In this book, Bo Rothstein explores how social capital and social trust (...) are generated and what governments can do about it. He argues that it is the existence of universal and impartial political institutions together with public policies which enhance social and economic equality that creates social capital. By introducing the theory of collective memory into the discussion, Rothstein makes an empirical and theoretical claim for how universal institutions can be established. (shrink)

Actor-Network-Theory (ANT) offers an ‘infra-language’ of the social that allows one to trace social relations very dynamically, while at the same time dissolving human agency, thus providing a flat and de-centred way into sociology. However, ANT struggles with its theoretical design that may lead us to reduce agency to causation and to conceptualize actor-networks as homogeneous ontologies of force. This article proposes to regard ANT’s inability to conceptualize reflexivity and the interrelatedness of different ontologies as the fundamental problem of (...) the theory. Drawing on Günther, it offers an ‘infra-language’ of reflexive relations while maintaining ANT’s de-centred approach. This would enable us to conceptualize actor-networks as non-homogeneous, dynamic and connecting different societal rationales while maintaining the main strengths of ANT. (shrink)

This paper investigates Kit Fine's account of the nature of material objects – the theory of embodiments.1 This theory is custom-fitted to an intuitive distinction between ‘timeless’ and ‘temporary’ parthood. It incorporates these notions by postulating two operations by which objects can be generated from their (immediate) parts. The operation of ‘rigid embodiment’ generates objects which have their immediate parts timelessly. In contrast, any product of the alternative operation, ‘variable embodiment’, has only temporary material parts. I shall argue that Fine's (...) operations of embodiment cannot account for what I call ‘nucleated wholes’ – objects which have both timeless and temporary immediate parts. As such, the theory of embodiment does not account for a significant class of material things. Having explained the problem, I consider four ways in which Fine's theory might be defended. None of these responses is entirely satisfactory. I conclude by highlighting two ways in which one might continue – either proceeding within Fine's ‘operationalist’ framework, or dropping this and developing an alternative framework. (shrink)

When confronting the issues related to developments in Biotechnology, we must repeatedly ask ourselves anew what can and cannot be justified in an ethical sense. This is because radically new ethical questions seem to arise through innovative techniques such as stem cell research or GMOs as well as in the so-called “economic area”. This paper focuses more on society than on economy, because the term “economic area” is (from my point of view) a synonym for the perception of society. The (...) layperson often has problems in understand what has happened when confronting new technologies and knowledge produced through industrial finance. The example discussed here is German stem cell research. (shrink)

This paper elaborates on discussions in Germany regarding some of the ethical and legal issues in the area of the use and patenting of inventions involving human tissue. The issues discussed pertain to the benefits and problems regarding informed consent and the issue of property rights as they relate to the donation of cells and tissue.

The article analyses and reconstructs a broad idea of legal responsibility which underlies and normatively links tort law with the law of unjustified enrichment. The article’s central proposition is that responsibility for damage caused and enrichment-responsibility are closely interrelated. Both aspects of obligations are equally an expression of corrective justice, and ultimately serve to protect the civil rights of citizens. It is shown that the idea of civil equality and the principle against unjustified enrichment require citizens to assume responsibility not (...) only for the consequences of their misbehaviour, but also for the consequences of lawful actions that non-reciprocally endanger the rights of others. This can be seen particularly clearly in cases of necessity like Vincent v Lake Erie. Under current law, those cases fall in between the categories of unjustified enrichment and wrongs; in most legal systems, they are therefore regarded as particularly hard cases. Nevertheless, the liability of a person lawfully causing damage in a situation of necessity exemplifies the idea of legal responsibility, and thus helps in better understanding the law of non-contractual obligations. Methodologically, the article combines historical arguments derived from the late scholastic theory of restitution with a comparative analysis of Western legal systems and contemporary private law theory. This approach is designed to overcome the conceptual boundaries of national private laws on both sides of the English Channel; it may help to address difficult legal problems more appropriately. (shrink)

This book addresses the metaphysics of Armstrongian states of affairs, i.e. instantiations of naturalist universals by particulars. The author argues that states of affairs are the best candidate for truthmakers and, in the spirit of logical atomism, that we need no molecular truthmakers for positive truths. In the book's context, this has the pleasing result that there are no molecular states of affairs. Following this account of truthmaking, the author first shows that the particulars in (first-order) states of affairs are (...) bare particulars. He then argues that the properties in states of affairs are simple, non-relational and concrete universals. Next, he argues that (material) relations in states of affairs are external relations. Lastly, he argues that a state of affairs is unified by a distinctive formal relation without giving rise to Bradley’s regress. (shrink)

What I call Mellor’s Question is the problem of whether determinables are properties of their determinates or properties of the particulars that possess these determinates. One can distinguish two basic competing theories of determinables that address the issue, implicitly if not explicitly. On the second-order theory, determinables are second-order properties of determinate properties; on the second-level theory, determinables are first-order properties of the particulars with these determinate properties. Higher-order properties are prima facie ontologically uneconomical, and in line with my (...) general view that ontological parsimony is vital to metaphysics, I consider it highly important which of the two theories is true. Firstly, I argue that the second-level theory offers the best explanation of the explananda (though the race is close), including the important but neglected phenomenon of ‘intermediate determinables’. Secondly, by paying attention to intermediate determinables and instantiation of higher-order properties, I argue that the second-level theory also is more ontologically economical. For these two reasons, this theory is preferable. (shrink)

This paper is concerned with what I call the ‘problem of unity’ . This is the puzzle of how Armstrong‐like states of affairs are unified. The general approach is ‘relational internalism’: the unifier of such a state of affairs is a relation of some sort in it. A view commonly associated with relational internalism is that if such a relation satisfies a certain ‘naive’ expectation to a relation – that it is related to its relata – then Bradley's regress (...) results. As I argue, for one very natural species of relational internalism, this is indeed the case. Influential writers on the topic have therefore maintained that this relation is not related to its relata. But, as we shall see, while this ‘classic’ relational internalism obviously avoids Bradley's regress, intuitively, it fails completely to solve the problem of unity. I argue, however, that given the rejection of a natural, but unfounded, assumption of conventional relational internalism, a unique relation can unify states of affairs without leading to Bradley's regress. I consequently propose a novel version of relational internalism on which states of affairs are unified by such an entity. (shrink)

Dispositions and tendencies feature significantly in the biomedical domain and therefore in representations of knowledge of that domain. They are not only important for specific applications like an infectious disease ontology, but also as part of a general strategy for modelling knowledge about molecular interactions. But the task of representing dispositions in some formal ontological systems is fraught with several problems, which are partly due to the fact that Description Logics can only deal well with binary relations. The paper will (...) discuss some of the results of the philosophical debate about dispositions, in order to see whether the formal relations needed to represent dispositions can be broken down to binary relations. Finally, we will discuss problems arising from the possibility of the absence of realizations, of multi-track or multi-trigger dispositions and offer suggestions on how to deal with them. (shrink)

This paper defines relational properties and argues for their reducibility in a, broadly speaking, Armstrongian framework of state of affairs ontology and truthmaking. While Armstrong’s own characterisation and reduction of them arguably is the best one available in the literature of this framework, it suffers from two main problems. As will be shown, it neither defines relational properties very clearly (if at all), nor provides an adequate conception of their reduction. This paper attempts to remedy this situation in four steps. (...) First, it introduces relational properties and why they matter in metaphysics in general. Second, by briefly comparing and contrasting them with extrinsic properties, and by briefly mapping them onto a tripartite division of relations, the particular kinds of relevant relational properties are identified. Third, it classifies relational properties and thereby makes possible an apt definition of them. Finally, using the notion of truthmaking, it outlines a more satisfactory case for their reduction. (shrink)

Sparrows fly because they are birds. This mushroom is poisonous because it is an Amanita muscaria. Pointing out the kind to which things belong explains many of their properties. Jonathan Lowe’s four-category ontology and his account of laws of nature provide a framework to account for the explanatory appeal of referring to kind membership. For Lowe, “Electron has Unit-negative charge” is a typical example for a law of nature: a kind universal characterized by a property universal. We present both Lowe’s (...) original account of laws of nature and later developments, and show how Lowe’s account can help to solve notorious problems of other accounts, namely, the regularity view and the Armstrong-Dretske-Tooley view. We argue that there are two challenges that Lowe’s view cannot master. First, Lowe conflates generics and dispositions, which is a considerable problem for Lowe, because his account of dispositional predication and his account of laws of nature are intimately connected. Second, there is the identification problem of fully specifying and identifying the formal ontological relation of characterization between kind universals and property universals. In order to solve these problems, we develop an account of formal causation inspired by Aristotle’s theory of explanation in his Posterior Analytics. Though very close to Lowe’s own account, our neo-Aristotelian account avoids Lowe’s confusion regarding dispositions, avoids overdetermination through several similar laws of nature, and provides an answer to the identification problem: The characterization of a kind universal by a property universal constitutes the relation of formal causation. By virtue of this relation, the kind Amanita muscaria is the formal cause of this mushroom having the attribute of being poisonous. (shrink)

Through a comparative case analysis regarding the Chinese language, it is discussed how the structure and functions of a natural language would bear upon the ways in which some philosophical problems are posed and some ontological insights shaped. Disagreeing with Chad Hansen's mass-noun hypothesis, a collective-noun hypothesis is argued for: (1) the denotational semantics and relevant grammatical features of Chinese nouns are like those of collective nouns; (2) their implicit ontology is a mereological ontology of collection-of-individuals with both part-whole and (...) member-class structure; and (3) encouraged and shaped by the folk semantics of Chinese nouns, classical Chinese theorists of language take this kind of mereological nominalism for granted. (shrink)

Given the assertion of a relation between two types, like: “Epidermis has part some Keratinocyte”, we define silent change as any kind of change of the instance-relata of the relation in question that does not change the truth-value of the respective type-level assertion. Such assertions are notoriously difficult to model in OWL 2. To address this problem, we distinguish different modes of type-level relatedness giving rise to this problem and describe a conservative extension to the BFO top-level ontology (...) that allows expressing these modes. (shrink)

In this paper, I suggest an approach to the alleged problem with the Tarskian formal definition of truth: its enumerative character seems to make it unable to capture our pretheoretic general understanding of truth. For this purpose, after spelling out two requirements for extending an enumerative definition to new cases, I examine to what extent Tarski's Convention T provides what are needed for extending the Tarski's enumerative definition. I conclude that, though not explicitly providing what are needed, Convention T (...) does implicitly suggest something quite promising and provide necessary conceptual resources for its further modifications. Then I suggest a Tarskian explicitly general definition of what it is to be a truth-definition on the basis of some theoretical and conceptual resources within Tarski's semantic theory, and I explain how it would make the Tarskian seemingly enumerative formal definition have a general character in accord with our pretheoretic understanding of truth. Finally, I examine the current proposal in comparison with Davidson's approach and in the light of Hintikka's new perspective. (shrink)

In animal husbandry in The Netherlands, as in a wide variety of other societal areas, we see an increased awareness of the fact that progress cannot be attained anymore by simply repeating the way we modernized this sector in the decades before, due to the multiplicity of the problems to be dealt with. The theory of reflexive modernization articulates this macro-social phenomenon, and at the same time serves as a prescriptive master-narrative. In this paper, I analyse the relationship between Feenberg's (...) instrumentalization theory and reflexive design; that is, the approach of doing reflexive modernization. Feenberg's analytical distinction between primary and secondary instrumentalization is useful in highlighting the way social and political values are inscribed into technological arrangements, but is not meant as a method. Reflexive design, on the other hand, is meant to be a reflective and deliberative method that aims to articulate, assess and reintegrate hitherto unquestioned values and presuppositions into new designs of production systems. Reflexive design thus may be seen as a conscious strategy of making explicit the separate stages of instrumentalization in advance, instead of criticizing the implicit embedding of dominant values in technological artefacts once they have been realized. The approach is illustrated with a case from animal husbandry. (shrink)

Online educational technologies offer opportunities for providing individualized feedback and detailed profiles of students' skills. Yet many technologies for mathematics education assess students based only on the correctness of either their final answers or responses to individual steps. In contrast, examining the choices students make for how to solve the equation and the ways in which they might answer incorrectly offers the opportunity to obtain a more nuanced perspective of their algebra skills. To automatically make sense of step‐by‐step solutions, we (...) propose a Bayesian inverse planning model for equation solving that computes an assessment of a learner's skills based on her pattern of errors in individual steps and her choices about what sequence of problem‐solving steps to take. Bayesian inverse planning builds on existing machine learning tools to create a generative model relating (mis)‐understandings to equation solving choices. Two behavioral experiments demonstrate that the model can interpret people's equation solving and that its assessments are consistent with those of experienced teachers. A third experiment uses this model to tailor guidance for learners based on individual differences in misunderstandings, closing the loop between assessing understanding, and using that assessment within an educational technology. Finally, because the bottleneck in applying inverse planning to a new domain is in creating the model of possible student misunderstandings, we show how to combine inverse planning with an existing production rule model to make inferences about student misunderstandings of fraction arithmetic. (shrink)

Proclus was one of the major Greek philosophers of late Antiquity. In his metaphysics he developed and systematized problems of Plato's thought, such as participation; transcendence - immanence; causation - participation - return; henads and monads; first and second causality. Before and after his works had been translated into Latin, Proclus influenced the Christian West through the _Liber the causis_, a Latin translation of an anonymous Arab version of Proclus' _Elementatio theologica_.