Does a philosopher need the support of poets? Ancient sources suggest that Chrysipp of Soloi (3rd century BC), the greatest Stoic thinker of his time, quoted abundantly from poetry in his philosophical writings. For the first time, the collection and systematic analysis of these poetic quotations allows insight into a fascinating interplay of philosophy and poetry and expands our understanding of a thinker whose philosophical influence has lasted for millennia.

Which is more important, tragedy or treatise? This question, which was posed as early as in antiquity, cannot easily be answered since tragedy has reflective passages on existential issues, just as philosophy uses tragedy for argumentation or takes the dramatic form itself. This is particularly evident in the work of the ‘philosophus scaenicus’ Euripides, in Plato, whose understanding of tragedy as expressed in the Symposium and the Laws is discussed here, and with Cicero and Seneca, who were both authors of (...) treatises and verses of tragedy. They constitute the focus of this volume, which also examines the function of the poetry quotations in Chrysippus and finally the significance of tragedy for Hannah Arendt’s political analysis. With contributions by Sandra Erker, Susanna Fischer, Thomas Gärtner, Andreas Heil, Argyri Karanasiou, Giovanni Panno, Robert C. Pirro, Tobias Riedl and Petra Schierl. (shrink)

Kistler, Sebastian/Puzio, Anna/Riedl, Anna-Maria/Veith (Hrsg.) Digitale Transformationen der Gesellschaft Sozialethische Perspektiven auf den technologischen Wandel -/- Die Digitalisierung bewirkt Transformationsprozesse, die die Formen unseres Zusammenlebens grundlegend verändern. Dies betrifft nicht nur die Art, wie wir leben, Partner suchen, arbeiten, wohnen, konsumieren oder uns selbst präsentieren – auch die gesellschaftlichen Lebensbereiche wie Politik, Bildung, Wirtschaft und Gesundheit befinden sich in einem digitalen Wandel. Mit diesen Veränderungsprozessen sind nicht nur Hoffnungen, sondern auch Ängste verbunden, die die Ambivalenzen der Digitalisierung zum Ausdruck (...) bringen. Die Komplexität und die Wirkungstiefe digitaler Transformationsprozesse werfen Fragen nach deren Steuerbarkeit, nach ihren Zwecken bzw. nach möglichen Orientierungen auf: • Welche technologischen Entwicklungen müssen reguliert werden? • Wie kann eine entsprechende Legitimation erfolgen? • Wer übernimmt Verantwortung? • Wie und nach welchen Kriterien sind ethische Bewertungen vorzunehmen? • Und nicht zuletzt: Gibt es Grenzen für diese Entwicklungen oder haben die Möglichkeiten des Machbaren die ethischen Fragen längst überholt und erledigt? -/- Die Texte des Sammelbandes nähern sich den digitalen Transformationen aus verschiedenen Perspektiven. Anhand unterschiedlicher Zugänge werden die Themenfelder „Digitalisierung und Gesellschaft“, „Körper und Technologie“ sowie „Digitalisierung und Demokratie“ entfaltet. Darüber hinaus werden die Konsequenzen für die Pflegearbeit und für den Umgang mit modernen Waffentechnologien als anwendungsbezogene Konkretionen diskutiert. (shrink)

This article reports on the development of an instrument to measure the perceived stress that results from the use and ubiquity of digital technology in the workplace. Based upon a contemporary understanding of stress and a set of stressors that is a substantial update to existing scales, the Digital Stressors Scale (DSS) advances the measurement of digital stress. Initially, 138 items were constructed for the instrument and grouped into a set of 15 digital stressors. Based on a sample ofN= 1,998 (...) online questionnaires completed by individuals representative of the US employed population, the scale was refined using exploratory factor analyses (EFA) and PLS-SEM. The resulting and final scale consists of ten stressor categories reflective of one higher-order construct and a total of 50 items. Through a nomological network that includes important outcome variables of digital stress (emotional exhaustion, innovation climate, job satisfaction, user satisfaction) it was then demonstrated that the DSS provides substantial explanatory power, particularly related to emotional exhaustion and user satisfaction. Thus, the DSS constitutes a state-of-the-art self-report instrument to measure the extent of distress appraisal related to digital technologies in the workplace and helps to explain further how and why information and communication technologies can lead to adverse outcomes in individuals, thereby providing the starting point for job related organizational interventions. (shrink)

The rise of digital and interconnected technology within the workplace, including programs that facilitate monitoring and surveillance of employees is unstoppable. The COVID-19-induced lockdowns and the resulting increase in home office adoption even increased this trend. Apart from major benefits that may come along with such information and communication technologies (e.g., productivity increases, better resource planning, and increased worker safety), they also enable comprehensive Electronic Performance Monitoring (EPM) which may also have negative effects (e.g., increased stress and a reduction in (...) job satisfaction). This conceptual article investigates EPM to better understand the development, adoption, and impact of EPM systems in organizations. The EPM literature published since the 1980s constitutes the basis for this conceptual article. We present a framework which is intended to serve as foundation for future studies. Moreover, we reviewed more than three decades of empirical EPM research and identified six major outcomes that are influenced by the use of an EPM system, as well as a large number of moderator variables. Based on our conceptual analyses and the resulting insights, which also include privacy, ethical, and cultural considerations, we discuss future research opportunities where we also refer to design implications for EPM systems. (shrink)

Zusammenfassung Spitzensport zu betreiben und gleichzeitig ein Hochschulstudium zu absolvieren, scheint unter den derzeitigen Umständen nahezu unmöglich. Der Artikel konstruiert dieses Phänomen der Unvereinbarkeit zweier Karrieren zunächst gesellschaftstheoretisch als Inklusionsproblem. Da eine merkliche Verbesserung der Situation der Athleten letztlich nur auf Seiten der Hochschule erwartet werden darf, werden anschließend aus organisationstheoretischer Perspektive die dortigen Möglichkeiten und Grenzen interner Strukturveränderungen reflektiert. Schließlich wird diskutiert, wie Hochschulen mit den Erwartungen des Spitzensports umgehen können und in welcher Weise sich im Rahmen von Netzwerken (...) womöglich doch Kooperationsbeziehungen zwischen den beteiligten Organisationen zugunsten studierender Spitzensportler aufbauen lassen. (shrink)

Muße ist ein freies Verweilen in der Zeit jenseits von Zweckrationalismus. Die Eigenzeitlichkeit wird zum Freiraum simultaner Möglichkeiten unserer Lebensgestaltung. Muße zielt auf ästhetisch und räumlich inszenierte Lebensformen, die in der Zeit nicht der Herrschaft der Zeit unterliegen. Konzepte von Muße sind stets eingebettet in ihre historischen und kulturellen Kontexte. Der Band beleuchtet historische Paradigmen der Muße in ihren literarischen Inszenierungen, diskursiven Verflechtungen und performativen Effekten. Die Beiträge aus der Philosophie, Klassischen Philologie, Alten Kirchengeschichte, germanistischen Mediävistik, neueren deutschen Literatur, Anglistik, (...) Soziologie, Geschichtswissenschaft, Archäologie, Kunstgeschichte, Ethnologie und Sinologie untersuchen Muße als anthropologisches und kulturgeschichtlich distinktes Phänomen, das sich Zeitzwängen widersetzt und Freiräume eröffnet. Analysiert werden unterschiedliche Semantisierungen, Ähnlichkeiten und Umbesetzungen, wie beispielsweise 'Freizeit', die Überschneidungen, aber auch gravierende Abgrenzungen zur Muße aufweisen. (shrink)

In meditation, mind-wandering has to be noticed and stopped in order to attain and sustain a state of mindfulness. Mindwandering has been linked to increased activity in the default mode network (DMN). We found that hemodynamic activity in the DMN was inversely related to frontal midline theta (FMT) EEG activity. In addition, a recent study reported that FMT power was reduced during mind-wandering and increased during deep meditation. In our experiment, six subjects were introduced to two forms of meditation to (...) be used during neurofeedback training in eight daily sessions during two weeks. FMT power was chosen for neurofeedback, while subjects applied these meditation techniques and individual strategies to increase FMT power. Each session was followed by a detailed interview. Four subjects were able to raise average FMT power over the course of the training, two of them significantly. We report and discuss the results of the neurophenomenological analysis of the relationship between meditation strategies, subjective experiences, and success of neurofeedback training. (shrink)

Tobias examines the ancient cultures of the Mediterranean, the ascetics of Sinai and Tibet, and the Pure Land Buddhists. He introduces the reader to the Jains of India, whose lifestyle is one of the most ecologically balanced in all of human history. In profiling various artists of 19th-century Europe and America, Tobias discovers incisive continuities among such luminaries as British poet Percy Bysshe Shelley, Austrian impressionist Emilie Mediz-Pelikan, and American intimist painters Ralph Blakelock and George Inness.

We demonstrate the relationships between occupational demands in German vocational education and training (VET) teacher training, stress symptoms, and different behavioral resilience competencies. Taking into account interindividual differences in resilience competencies, we use a typological approach to identify different types of (trainee) teachers classified by their degrees and configurations of resilience competencies. Our empirical analysis is based on questionnaire data from 131 German vocational trainees and qualified teachers. The results reveal, among other things, that all three resilience competencies—resistance, flexibility, and (...) dynamism—are significantly negatively correlated with the demands of working conditions and workload. Via a latent class analysis, we were able to identify three groups of (trainee) teachers who differed in their resilience competencies to adapt appropriately to different situations and their requirements (“behavioral flexibility”), to recover rapidly from setbacks and to defy the expectations of others (“behavioral resistance”), and to initiate changes as soon as they are necessary or desirable (“behavioral dynamics”). More resilient (trainee) teachers show, among other things, lower values for anxiety as an emotional stress symptom and higher values for job engagement. The findings are discussed with regard to implications for VET teacher training and we stress the need for equilibration on a systemic perspective. (shrink)

The personal identity relation is of great interest to philosophers, who often consider fictional scenarios to test what features seem to make persons persist through time. But often real examples of neuroscientific interest also provide important tests of personal identity. One such example is the case of Phineas Gage – or at least the story often told about Phineas Gage. Many cite Gage’s story as example of severed personal identity; Phineas underwent such a tremendous change that Gage “survived as a (...) different man.” I discuss a recent empirical finding about judgments about this hypothetical. It is not just the magnitude of the change that affects identity judgment; it is also the negative direction of the change. I present an experiment suggesting that direction of change also affects neuroethical judgments. I conclude we should consider carefully the way in which improvements and deteriorations affect attributions of personal identity. This is particularly important since a number of the most crucial neuroethical decisions involve varieties of cognitive enhancements or deteriorations. (shrink)

Abstract The subjectivity of conscious experience is a central feature of our mental life that puzzles philosophers of mind. Conscious mental representations are presented to me as mine, others remain unconscious. How can we make sense of the difference between them? Some representationalists (e.g. Tye) attempt to explain it in terms of non-conceptual intentional content, i.e. content for which one need not possess the relevant concept required in order to describe it. Hanna claims that Kant purports to explain the subjectivity (...) of conscious experience in this way. This paper examines this claim in some detail in the context of a more general criticism of this kind of attempt to explain subjectivity and proposes a different reading of Kant that also leads to an alternative account of subjectivity independent from content. (shrink)

The potential for biases being built into algorithms has been known for some time, yet literature has only recently demonstrated the ways algorithmic profiling can result in social sorting and harm marginalised groups. We contend that with increased algorithmic complexity, biases will become more sophisticated and difficult to identify, control for, or contest. Our argument has four steps: first, we show how harnessing algorithms means that data gathered at a particular place and time relating to specific persons, can be used (...) to build group models applied in different contexts to different persons. Thus, privacy and data protection rights, with their focus on individuals, do not protect from the discriminatory potential of algorithmic profiling. Second, we explore the idea that anti-discrimination regulation may be more promising, but acknowledge limitations. Third, we argue that in order to harness anti-discrimination regulation, it needs to confront emergent forms of discrimination or risk creating new invisibilities, including invisibility from existing safeguards. Finally, we outline suggestions to address emergent forms of discrimination and exclusionary invisibilities via intersectional and post-colonial analysis. (shrink)

Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’ of laws pushes many towards the realist camp. Despite its significance, however, no satisfactory account of governance has been offered. The goal of this article is to develop such an account. I base my account on two claims. First, we should distinguish two notions of governance, ‘guidance’ and ‘production’, and secondly, explanatory phenomena other than laws are also candidates for (...) governance. My goal is to develop a unified account which captures both guidance and production as well as the governance of phenomena, such as essence and logical consequence. The account of governance I develop belongs to the family of modal accounts, which was popularized by David Armstrong, but it also employs essentialist resources. If successful, this modal-essentialist account not only reveals the costs that proponents of governance incur, but it also puts that important notion on a solid theoretical foundation. (shrink)

This special issue focuses on two related topics in Ernst Cassirer’s thought: objectivity and truth. Through this lens, the guest editors attempt to illuminate (a) the historical and systematic value of Cassirer’s philosophical project, (b) the continuing relevance of his account of the plurality and universality of human understanding in view of the crisis of truth that currently permeates Western culture, and (c) the way Cassirer’s style can inspire contemporary scholars who wish to evade the analytic-continental divide. Tobias Endres (...) and Simon Truwant gathered twelve contributions from more analytic oriented authors from the philosophy of science and more continental oriented authors from the philosophy of culture. By bringing these scholars together on a shared topic, they hope to help bridging this divide that is also reflected within Cassirer scholarship by preoccupation with either his philosophy of science or philosophy of culture. The articles in this special issue are preceded by a ceremonial speech that Cassirer gave on the occasion of his assumption of the rectorate of the University of Hamburg on November 7, 1929 and that was translated into English for the first time by the guest editors. (shrink)

Deepfakes raise various concerns: risks of political destabilization, depictions of persons without consent and causing them harms, erosion of trust in video and audio as reliable sources of evidence, and more. These concerns have been the focus of recent work in the philosophical literature on deepfakes. However, there has been almost no sustained philosophical analysis of deepfakes from the perspective of concerns about honesty and dishonesty. That deepfakes are potentially deceptive is unsurprising and has been noted. But under what conditions (...) does the use of deepfakes fail to be honest? And which human agents, involved in one way or another in a deepfake, fail to be honest, and in what ways? If we are to understand better the morality of deepfakes, these questions need answering. Our first goal in this paper, therefore, is to offer an analysis of paradigmatic cases of deepfakes in light of the philosophy of honesty. While it is clear that many deepfakes are morally problematic, there has been a rising counter-chorus claiming that deepfakes are not essentially morally bad, since there might be uses of deepfakes that are not morally wrong, or even that are morally salutary, for instance, in education, entertainment, activism, and other areas. However, while there are reasons to think that deepfakes can supply or support moral goods, it is nevertheless possible that even these uses of deepfakes are dishonest. Our second goal in this paper, therefore, is to apply our analysis of deepfakes and honesty to the sorts of deepfakes hoped to be morally good or at least neutral. We conclude that, perhaps surprisingly, in many of these cases the use of deepfakes will be dishonest in some respects. Of course, there will be cases of deepfakes for which verdicts about honesty and moral permissibility do not line up. While we will sometimes suggest reasons why moral permissibility verdicts might diverge from honesty verdicts, we will not aim to settle matters of moral permissibility. (shrink)

The last decade has witnessed the emergence of a paradox perspective on corporate sustainability. By explicitly acknowledging tensions between different desirable, yet interdependent and conflicting sustainability objectives, a paradox perspective enables decision makers to achieve competing sustainability objectives simultaneously and creates leeway for superior business contributions to sustainable development. In stark contrast to the business case logic, a paradox perspective does not establish emphasize business considerations over concerns for environmental protection and social well-being at the societal level. In order to (...) contribute to the consolidation of this emergent field of research, we offer a definition of the paradox perspective on corporate sustainability and a framework to delineate its descriptive, instrumental, and normative aspects. This framework clarifies the paradox perspective’s contents and its implications for research and practice. We use the framework to map the contributions to this thematic symposium on paradoxes in sustainability and to propose questions for future research. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

This paper argues that ‘that’-clauses are not singular terms (without denying that their semantical values are propositions). In its first part, three arguments are presented to support the thesis, two of which are defended against recent criticism. The two good arguments are based on the observation that substitution of ‘the proposition that p’ for ‘that p’ may result in ungrammaticality. The second part of the paper is devoted to a refutation of the main argument for the claim that ‘that’-clauses are (...) singular terms, namely that this claim is needed in order to account for the possibility of quantification into ‘that’-clause position. It is shown that not all quantification in natural languages is quantification into the position of singular terms, but that there is also so-called ‘non-nominal quantification’. A formal analysis of non-nominal quantification is given, and it is argued that quantification into ‘that’-clause position can be treated as another kind non-nominal quantification. (shrink)

From the early reception of Thomas Aquinas up to the present, many have interpreted his theory of liberum arbitrium to imply intellectual determinism: we do not control our choices, because we do not control the practical judgments that cause our choices. In this paper we argue instead that he rejects determinism in general and intellectual determinism in particular, which would effectively destroy liberum arbitrium as he conceives of it. We clarify that for Aquinas moral responsibility presupposes liberum arbitrium and thus (...) the ability to do otherwise, although the ability to do otherwise applies differently to praise and blame. His argument against intellectual determinism is not straightforward, but we construct it by analogy to his arguments against other deterministic threats. The non-determinism of the intellect’s causality with respect to the will results from his claims that practical reasoning is defeasible and that the reasons for actions are not contrastive reasons. (shrink)

Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...) even animal-like robots could condition our treatment of humans: treat these robots well, as we would treat humans, or else risk eroding good moral behavior toward humans. But then, this argument also seems to justify giving rights to robots, even if robots lack intrinsic moral status. In recent years, however, this indirect argument in support of robot rights has drawn a number of objections. In this paper I have three goals. First, I will formulate and explicate the Kant-inspired indirect argument meant to support robot rights, making clearer than before its empirical commitments and philosophical presuppositions. Second, I will defend the argument against a number of objections. The result is the fullest explication and defense to date of this well-known and influential but often criticized argument. Third, however, I myself will raise a new concern about the argument’s use as a justification for robot rights. This concern is answerable to some extent, but it cannot be dismissed fully. It shows that, surprisingly, the argument’s advocates have reason to resist, at least somewhat, producing the sorts of robots that, on their view, ought to receive rights. (shrink)

In consideration of current philosophical models (including major contributions to the debate on animal minds), this monograph analyzes and reconstructs the philosophy of animals developed by Thomas Aquinas. It also investigates into the methodological function that Thomas attaches to his reflections on the differences and similarities between animals and humans.

The theoretical status of ‘niche construction’ in evolution is intensely debated. Here we substantiate the reasons for different interpretations. We consider two concepts of niche construction brought to bear on evolutionary theory; one that emphasizes how niche construction contributes to selection and another that emphasizes how it contributes to development and inheritance. We explain the rationale for claims that selective and developmental niche construction motivate conceptual change in evolutionary biology and the logic of those who reject these claims. Our analysis (...) shows how the contention arises from alternative assumptions regarding the causal independence of the processes that generate variation, differential fitness and inheritance. (shrink)

The article introduces and defends the Nomological Account of ground, a reductive account of the notion of metaphysical explanation in terms of the laws of metaphysics. The paper presents three desiderata that a theory of ground should meet: it should explain the modal force of ground, the generality of ground, and the interplay between ground and certain mereological notions. The bulk of the paper develops the Nomological Account and argues that it meets the three desiderata. The Nomological Account relies on (...) two central notions: the notion of a ‘law of metaphysics’ and the notion of ‘determination via the laws’. The paper offers the constructional conception of the laws of metaphysics, on which the metaphysical laws are general principles that characterize construction–operations such as composition, constitution, or set-formation. The role of determination in the account is explained and some reductive approaches to the notion are sketched. The case for the Nomological Account presented in this article is also a case for the laws of metaphysics. Since the Nomological Account offers a promising approach to metaphysical explanation we should take the laws of metaphysics seriously. (shrink)

Phineas Gage’s story is typically offered as a paradigm example supporting the view that part of what matters for personal identity is a certain magnitude of similarity between earlier and later individuals. Yet, reconsidering a slight variant of Phineas Gage’s story indicates that it is not just magnitude of similarity, but also the direction of change that affects personal identity judgments; in some cases, changes for the worse are more seen as identity-severing than changes for the better of comparable magnitude. (...) Ironically, thinking carefully about Phineas Gage’s story tells against the thesis it is typically taken to support. (shrink)

The paper explores a deductive-nomological account of metaphysical explanation: some truths metaphysically explain, or ground, another truth just in case the laws of metaphysics determine the latter truth on the basis of the former. I develop and motivate a specific conception of metaphysical laws, on which they are general rules that regulate the existence and features of derivative entities. I propose an analysis of the notion of ‘determination via the laws’, based on a restricted form of logical entailment. I argue (...) that the DN-account of ground can be defended against the well-known objections to the DN-approach to scientific explanation. The goal of the paper is to show that the DN-account of metaphysical explanation is a well-motivated and defensible theory. (shrink)

A comprehensive treatment of the concept of causation in evolutionary biology that makes clear its central role in both historical and contemporary debates. Most scientific explanations are causal. This is certainly the case in evolutionary biology, which seeks to explain the diversity of life and the adaptive fit between organisms and their surroundings. The nature of causation in evolutionary biology, however, is contentious. How causation is understood shapes the structure of evolutionary theory, and historical and contemporary debates in evolutionary biology (...) have revolved around the nature of causation. Despite its centrality, and differing views on the subject, the major conceptual issues regarding the nature of causation in evolutionary biology are rarely addressed. This volume fills the gap, bringing together biologists and philosophers to offer a comprehensive, interdisciplinary treatment of evolutionary causation. Contributors first address biological motivations for rethinking evolutionary causation, considering the ways in which development, extra-genetic inheritance, and niche construction challenge notions of cause and process in evolution, and describing how alternative representations of evolutionary causation can shed light on a range of evolutionary problems. Contributors then analyze evolutionary causation from a philosophical perspective, considering such topics as causal entanglement, the commingling of organism and environment, and the relationship between causation and information. Contributors John A. Baker, Lynn Chiu, David I. Dayan, Renée A. Duckworth, Marcus W Feldman, Susan A. Foster, Melissa A. Graham, Heikki Helanterä, Kevin N. Laland, Armin P. Moczek, John Odling-Smee, Jun Otsuka, Massimo Pigliucci, Arnaud Pocheville, Arlin Stoltzfus, Karola Stotz, Sonia E. Sultan, Christoph Thies, Tobias Uller, Denis M. Walsh, Richard A. Watson. (shrink)

Découvertes en 1940, les grottes de Lascaux et leurs peintures rupestres témoignent d’une volonté d’arrachement du sujet à une condition primaire : les dessins sur les murs sont une façon d’affirmer une forme d’expression différente de celle utilisée jusqu’alors. Une certaine idée de la sensibilité des individus, ou du groupe afférant à ces peintures est mise en lumière. Les grottes de Lascaux sont une marque du temps témoignant d’une temporalité en fuite vers l’arrière : en documentariste d...

The article analyzes the relation of humans and technology concerning so called ‘intelligent’ or ‘autonomous’ algorithms that are applied in everyday contexts but are far removed from any form of substantial artificial intelligence. In particular, the use of algorithms in surveillance and in architecture is discussed. These examples are structured by a particular combination of continuity and difference between humans and technology. The article provides a detailed analysis of boundary practices that establish continuity and oppositions between humans and information technology, (...) referring to their exemplary depiction in movies. Both strands of boundary practices have the potential to challenge as well as sustain the position of the human as liberal, autonomous subject. Finally, it is shown how the particular combination of continuity and difference that structures the use of algorithms maintains the power of liberal, autonomous subject positions, while the shift of decisions to the algorithms seems to decenter the human. (shrink)

Dividing the Beds: A Risk Community under ‘Code Black’? During the COVID-19 crisis a risk of ‘code black’ emerged in the Netherlands. Doctors mentioned that in case of code black, very senior citizens might not receive intensive care treatment for COVID-19 due to shortages. Sociologist Ulrich Beck argued that palpable risks lead to the creation of new networks of solidarity. In this article this assumption is investigated by analyzing the different storylines prevalent in the public discussion about ‘code black’. Initially, (...) storylines showing sympathy with the plight of the elderly came to the fore. However, storylines brought forward by medical organizations eventually dominated, giving them the opportunity to determine health care policy to a large extent. Their sway over policymaking led to a distribution scheme of vaccines that was favourable for medical personnel, but unfavourable for the elderly. The discursive process on code black taken as a whole displayed a struggle over favourable risk positions, instead of the formation of risk solidarity. (shrink)

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Introduction -- Tales of dominion -- The plow and the gun -- Picturing the West, 1883-1893 -- American idol, 1898 -- The end of nature -- African romance -- The dark continent -- When cowboys go to heaven -- Transplanting Africa -- Of ape-men, sex, and cannibal kings -- Adventures in monkeyland -- Nature, the film -- The world scrubbed clean.

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)