Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

We question the behavioral premise underlying Ainslie's claims about hyperbolic discounting theory. The alleged evidence for humans can be easily explained as an artefact of experimental procedures that do not control for the credibility of payment over different time horizons. In appropriately controlled and financially motivated settings, human behavior is consistent with conventional exponential preferences.

Correctly understood, teleosemantics is the claim that “representation” is a function term. Things are called “representations” if they have a certain kind of function or telos and perform it in a certain kind of way. This claim is supported with a discussion and proposals about the function of a representation and of how representations perform that function. These proposals have been retrieved by putting together current descriptions from the literature on neural representations with earlier explorations of the features common to (...) most things we are inclined to call representations as these were assessed in Millikan. Of interest is the degree to which these independent sources converge. I conclude that there is no need to employ any new or technical sense of the term “representation” for it to play an important role in neuroscience. (shrink)

Explores the historical relations between science and religion and discusses contemporary issues with perspectives from cosmology, evolutionary biology and bioethics.

On 26 February 2020, the German Constitutional Court rejected a law from 2015 that prohibited any form of ‘business-like’ assisted suicide as unconstitutional. The landmark ruling of the highest federal court emphasised the high priority given to the rights of autonomy and free personal development, both of which constitute the principle of human dignity, the first principle of the German constitution. The ruling echoes particularities of post-war Germany’s end-of-life debate focusing on patient self-determination while rejecting any discussion of active assistance (...) to die through a lethal injection administered by a doctor. This brief report discusses the ruling in the light of the broader sociopolitical and historical context of the German end-of-life debate. (shrink)

While Statius' decision to treat events in landlocked Thebes offered limited opportunity to integrate into his poem a maritime episode, which had become a staple epic ingredient by the first centurya.d.,theThebaidis dotted with references to the Argonauts' quest for the Golden Fleece, including a narrative flashback of the crew's time at Lemnos (Theb. 5.335–498). Following in a long tradition of cross-contamination between Argonautic and Theban literary texts (as shown by, for example, the ApollonianArgonautica's use of Antimachus'Thebaid), Statius' poem also evokes (...) works of literature which narrate the legend, notably theArgonauticasof Apollonius Rhodius and Valerius Flaccus. A lack of scholarly focus on this latter area has generally led to a piecemeal scrutiny of individual allusive passages rather than a systematic treatment. However, Stover's recent paper paves the way for a more productive approach through its contention that theThebaidmakes widespread use of the mythic subject matter: ‘It … appears that Statius frequently appropriates the Argonautic tradition and that he does so largely to present the Argives as quasi Argonauts. This suggests that their adventure to conquer Thebes is analogous to the Argonauts’ voyage to Colchis.'. (shrink)

In this 60th anniversary of Business & Society essay, we seek to make three main contributions at the intersection of governance and artificial intelligence. First, we aim to illuminate some of the deeper social, legal, organizational, and democratic challenges of rising AI adoption and resulting algorithmic power by reviewing AI research through a governance lens. Second, we propose an AI governance framework that aims to better assess AI challenges as well as how different governance modalities can support AI. At the (...) heart of our framework lies the governance forces that apply to institutions, organizations, and individuals, who ultimately provide, regulate, and use AI decision-making. We discuss how businesses may harness AI’s economic power through governance solutions without creating or amplifying societal biases and inequalities. Third, as part of our section on future research, we identify a set of governance trade-offs in AI adoption, suggest future research avenues to conceptually strengthen research on the governance of AI, and lay out key policy recommendations. (shrink)

I offer a new Heideggerian reading of Terrence Malick’s 2005 film, The New World, in the style of film-philosophy, alongside a contrasting Cinematic Humanist encounter. I consider if the former is a theory-involving example of philosophy of film, and whether a positive answer to this question entails the latter must be also. I argue that whilst both engagements with the film use the work of other philosophers as part of their appreciation, Cinematic Humanism nonetheless remains one of many possible ways (...) of doing philosophy of film without theory. Having compared these two methods, I suggest reasons why there is nonetheless a potentially valuable relation to be had between philosophy of film with and philosophy of film without theory. Close attention is paid to the film throughout. (shrink)

The problem of inferring probability comparisons between events from an initial set of comparisons arises in several contexts, ranging from decision theory to artificial intelligence to formal semantics. In this paper, we treat the problem as follows: beginning with a binary relation ≥ on events that does not preclude a probabilistic interpretation, in the sense that ≥ has extensions that are probabilistically representable, we characterize the extension ≥+ of ≥ that is exactly the intersection of all probabilistically representable extensions of (...) ≥. This extension ≥+ gives us all the additional comparisons that we are entitled to infer from ≥, based on the assumption that there is some probability measure of which ≥ gives us partial qualitative information. We pay special attention to the problem of extending an order on states to an order on events. In addition to the probabilistic interpretation, this problem has a more general interpretation involving measurement of any additive quantity: e.g., given comparisons between the weights of individual objects, what comparisons between the weights of groups of objects can we infer? (shrink)

This collection of Marcus's non-technical essays include her earlier ground-breaking axiomatizations of quantified modal logic, and explore such topics as the necessity of identity, the directly referential role of proper names as "tags", the interplay of possibility and existence, and others viewed as iconoclastic when Marcus first addressed them, but now long incorporated into current discussion.

In ihrem Beitrag: „Poisoning the well, or how economic theory damages moral imagination" (Nelson 2016) fragt Julie Nelson -/- "What if people might act out of social and other-regarding concerns, as well as reasonable self-interest in their economic lives, but are pushed by the economic theory of self-interested utility maximization to believe that it is permissible – and perhaps even appropriate – to be irresponsible, opportunistic, and selfish when participating in markets? What if business leaders might pay attention to the (...) implications of their decisions for workers, communities, the environment, and others who are affected by their firm's actions, but economic theory encourages them to believe that they should – and in fact must – focus on getting every last dollar of profit possible?" (Nelson 2016: 184) -/- Ich lese diese Fragen von Nelson als einen Appell, die Theorie der Ökonomie umfassend auf ihre Tauglichkeit für unsere Lebenswirklichkeit zu hinterfragen. Die Theorien der Ökonomie mögen Disziplinen-intern funktional sein, sie sind damit noch lange nicht lebenstauglich. Im Gegenteil, sie erweisen sich als Überlebens-avers, im schlimmsten Falle, Leben-zerstörend. Die Aufgabe, das Wozu der Wirtschaftsphilosophie lässt sich von hier aus schon trefflich bestimmen. Die Herausforderung jedoch bleibt, Umfang und Perspektive, von wo aus die Kritik und auch die In-Blicknahme des Ganzen geschehen kann, zu verorten, und genau dieses Anliegen ist im Beitrag von Ingo Pies und Marc Hübscher zentral: Aus welcher Perspektive kann diese Frage beantwortet werden, wenn diese Bestimmung als denkerische Selbstaufklärung realisiert werden soll? (shrink)

Excerpt from John Stuart Mill Not only is the language of the Liberty somewhat vague in defining the respective limits of 'persuasion and 'coer cion, ' but the practical illustrations of lawful restrictions by the State seem at times hardly consistent with so abso lute a doctrine. It is somewhat startling, after such tren chant assertion of the absolute freedom of the individual. 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)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table method (...) of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

Russell is set into the overall context of male contributions to british feminism. first it is shown that he devoted much time, political sophistication and commitment to campaigning for women's suffrage before 1914. second, that his lifelong contribution to british feminism is rationalistic, courageous, and highly progressive. third, that in his relationships with women (including his wives), he continues to display anti-feminist attitudes and, still more, anti-feminist conduct.

In 394 Agesilaus, treading in the footsteps of Xerxes, came from Asia by way of Thrace and Macedon into Thessaly, threw off the attacks of the Thessalian cavalry, proceeded without further trouble into Boeotia, and met the enemy at Coronea, where a great battle was fought. The question ought to have been asked before now, why was he not held up at Thermopylae?

: In this paper, I consider some issues concerning Hume’s epistemology of testimony. I’ll particularly focus on the accusation of reductivism and individualism brought by scholars against Hume’s view on testimonial evidence, based on the tenth section of his An enquiry concerning human understanding. I first explain the arguments against Hume’s position, and address some replies in the literature in order to offer an alternative interpretation concerning the way such a defense should go. My strategy is closely connected with Hume’s (...) notion of virtue and the role it plays in his epistemology, mainly as presented in his A treatise of human nature. I address the problem of how the section “Of miracles” in the Enquiry must be properly understood, as several misunderstandings of Hume’s epistemology of testimony emerge partially from the particular character and aim of that section. Resumen: En este artículo, considero algunas cuestiones relacionadas con la epistemología del testimonio de David Hume. El eje central será la acusación de reductivismo e individualismo de los estudiosos en contra de la opinión de Hume sobre la evidencia testimonial. Dicha acusación se basa en su tratamiento de los reportes sobre hechos milagrosos, presente en la sección X de su Investigación sobre el entendimiento humano. En primer lugar, se abordan los argumentos en contra de la posición de Hume y algunas respuestas en la literatura reciente, para luego ofrecer una interpretación alternativa con respecto a la forma en que debería articularse esa defensa. Mi estrategia está estrechamente relacionada con la noción de virtud de Hume y el papel que desempeña en su epistemología, principalmente como se presenta en su Tratado de la naturaleza humana. Finalmente, abordaré el problema relacionado con la forma en que debe entenderse correctamente la sección “Of miracles” de la Investigación, ya que varios malentendidos sobre la epistemología del testimonio de Hume emergen parcialmente del carácter particular y el objetivo de dicho ensayo. (shrink)

PurposeThe purpose of this paper is to contribute to the literature on age and the digital divide by examining the uses of and attitudes toward information and communication technologies by 26 politically senior citizens.Design/methodology/approachThe approach taken involved in‐depth face‐to‐face interviews.FindingsThe majority of the respondents are informed and balanced cyber‐enthusiasts who have embraced the opportunities afforded by ICTs to enhance their lives in general, including their political activities.Originality/valueThese findings destabilize the dominant image of older people and their attitudes to and experiences (...) of ICTs that appears in most of the literature on age and the digital divide. Those aged 65 and over represent the last cohort, in Western societies at least, for whom age as such is likely to be a decisive factor in their relationship to ICTs. It is therefore vital to get some insight into their views. (shrink)