Civil law norms give a considerable space for ethical value judgments. In this respect, the key role is played by the provisions called “general clauses” that refer to extra-juridical value judgments and oblige to take them into account in the process of deciding in civil law cases. The purpose of such clauses is to ensure the necessary flexibility of law and to influence the shaping of proper human relations. In the field of economic activity they are to favour the attitudes (...) of honesty, of mutual trust and of readiness to serve others – the values which constitute a basis for the system of free market competition. A separate question is how to realize these assumptions in the practice of adjudicating which remains the task of courts and tribunals and their case law. (shrink)

It is argued that recent discussion of the principle of the identity of indiscernibles (PII) and quantum mechanics has lost sight of the broader philosophical motivation and significance of PII and that the `received view' of the status of PII in the light of quantum mechanics survives recent criticisms of it by Muller, Saunders, and Seevinck.

Farm animal welfare is a knowledge domain that can be regarded as a model for new ways of organizing learning and making higher education more responsive to the needs of society. Global concern for animal welfare has resulted in a great demand for knowledge. As a complement to traditional education in farm animal welfare, higher education can be more demand driven and look at a broad range of methods to make knowledge available. The result of an inventory on farm animal (...) welfare, e-learning, learning resources, and open educational resources in three different search engines is presented. A huge amount of information on animal welfare is available on the Internet but many of the providers lock in the knowledge in a traditional course context. Only a few universities develop and disseminate open learning resources within the subject. Higher education institutions are encouraged to develop open educational resources in animal welfare for the benefit of teachers, students, society, and, indirectly, animal welfare. (shrink)

In this article, we analyse how researchers use the categories of race and ethnicity with reference to genetics and genomics. We show that there is still considerable conceptual “messiness” (despite the wide-ranging and popular debate on the subject) when it comes to the use of ethnoracial categories in genetics and genomics that among other things makes it difficult to properly compare and interpret research using ethnoracial categories, as well as draw conclusions from them. Finally, we briefly reconstruct some of the (...) biases of reductionism to which geneticists (as well as other researchers referring to genetic methods and explanations) are particularly exposed to, and we analyse the problem in the context of the biologization of ethnoracial categories. Our work constitutes a novel, in-depth contribution to the debate about reporting race and ethnicity in biomedical and health research. First, we reconstruct the theoretical background assumptions about racial ontology which researchers implicitly presume in their studies with the aid of a sample of recent papers published in medical journals about COVID-19. Secondly, we use the typology of the biases of reductionism to the problem of biologization of ethnoracial categories with reference to genetics and genomics. (shrink)

In this paper, we apply relating semantics to the widely discussed problem of free choice between permitted actions or situations in normative systems. Leaving aside contexts in which the free choice principle is obviously unacceptable or uncontroversially valid, we concentrate on free choice for explicit permissions. In order to construct a formal representation of explicit permissions, we introduce a special constant, $\texttt {permit}$, which is analogous to the constant $\texttt {violation}$ used in the Andersonian–Kangerian approach to deontic logic with respect (...) to prohibition and obligation. Consequently, we define a permission operator on the basis of the $\texttt {permit}$ constant and a relation of legitimization. The general idea is that $P \varphi $ is true if and only if $\texttt {permit}$ is true, which means that a permission is actually issued and $\varphi $ is legitimized by $\texttt {permit}$. The intuitive notion of legitimization is formally represented by an operator of relating implication: a non-classical implication that is semantically defined by adding a constraint to the classical meaning of implication to the effect that arguments are related by a special relation. The properties of this relation are based on an informal, intuitive meaning of legitimization and determine the properties of the permission operator. We show that the resulting permission operator possesses the free choice property and avoids certain unwanted consequences that follow from alternative approaches. (shrink)

We extend results of Elekes and Máthé on monotone Borel hulls to an abstract setting of measurable space with negligibles. This scheme yields the respective theorems in the case of category and in the cases associated with the Mendez σ-ideals on the plane. © 2011 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.

The article contains a critical analysis of two conceptions of “the nature of things”, as found in publications of West German philosophers of law: G. Radbruch and W. Maihoffer. In the first stage of the evolution of his thought Radbruch spoke of the “influence of the matter on the legal idea”. The function of “the nature of things” is identified by Radbruch with resistance by social reality to the implantation of the legal idea. In the next stage of his views (...) Radbruch conceives of the nature of things as an objective sense of a certain social relationship, perceived from the point of view of a certain value. Now the nature of things serves as a bridge between the real world and the world of values. The nature of things has a minor role according to Radbruch, in legal thought. He emphatically opposes recognizing it as a source of law. (shrink)

In this interview, Tomasz Zarębski speaks with Allan Janik, co-author of _Wittgenstein’s Vienna_ (1973, with Stephen Toulmin), on the occasion of the 50 th anniversary of the publication of this pathbreaking book. The conversation concerns the circumstances, motivations and reasons for his undertaking the work on the book, as well as its reception and place in Wittgenstein scholarship. A large part of the discussion refers to his perspective of Wittgenstein, Toulmin’s philosophical writings, and Janik’s own vision of philosophy. The (...) interview took place in Innsbruck on 23 rd and 25 th August 2023. (shrink)

Reclamation of a slur involves the creation of a new, positively-valenced meaning that gradually replaces the old pejorative meaning. This means that at a critical stage, the slur is ambiguous. It has been claimed that this ambiguity is polysemy. However, it is far from clear whether the view can explain why the introduction of the new meaning forces the old one out of existence. I argue that this datapoint can be explained by invoking the mechanism of homonymic conflict, and, therefore, (...) that the ambiguity involved in reclamation is homonymy. One generalization that follows from my account is that conventionalized verbal irony, unlike conventionalized metonymy and metaphor, begets homonymy. Along the way, I criticize the standard ways of drawing the distinction between polysemy and homonymy in terms of semantic and etymological relatedness. If the notions of polysemy and homonymy are to be invoked in explanations, they should be understood in terms of how meanings are stored in the mental lexicon. My account also provides an elegant way of conceptualizing the difference between two types of conceptual engineering, namely reclamation and amelioration. (shrink)

To analyze potential negative consequences of adopting generative AI solutions in the digital afterlife industry (DAI), in this paper we present three speculative design scenarios for AI-enabled simulation of the deceased. We highlight the perspectives of the data donor, data recipient, and service interactant – terms we employ to denote those whose data is used to create ‘deadbots,’ those in possession of the donor’s data after their death, and those who are meant to interact with the end product. We draw (...) on the scenarios to map out several key ethical concerns posed by ‘re-creation services’ and to put forward recommendations on the ethical development of AI systems in this specific area of application. The recommendations, targeted at providers of AI-enabled re-creation services, include suggestions for developing sensitive procedures for retiring deadbots, ensuring meaningful transparency, restricting access to such services to adult users only, and adhering to the principle of mutual consent of both data donors and service interactants. While we suggest practical solutions to the socio-ethical challenges posed by the emergence of re-creation services, we also emphasize the importance of ongoing interdisciplinary research at the intersection of the ethics of AI and the ethics of the DAI. (shrink)

In this commentary paper, we are taking one step further in questioning the central assumptions in the bioethical debates about reproductive technologies. We argue that the very distinction between “person affecting” and “identity affecting” interventions is based on a questionable form of material-origin essentialism. Questioning of this form of essentialist approach to human identity allows treating genome editing and genetic selection as more similar than they are taken to be in the standard approaches. It would also challenge the idea that (...) normative reasons we have in these two types of cases markedly differ in strength. (shrink)

We argue that there are neither scientific nor social reasons to require gathering ethno-racial data, as defined in the US legal regulations if researchers have no prior hypotheses as to how to connect this type of categorisation of human participants of clinical trials with any mechanisms that could explain alleged interracial health differences and guide treatment choice. Although we agree with the normative perspective embedded in the calls for the fair selection of participants for biomedical research, we demonstrate that current (...) attempts to provide and elucidate the criteria for the fair selection of participants, in particular, taking into account ethno-racial categories, overlook important epistemic and normative challenges to implement the results of such race-sorting requirements. We discuss existing arguments for and against gathering ethno-racial statistics for biomedical research and present a new one that refers to the assumption that prediction is epistemically superior to accommodation. We also underline the importance of closer interaction between research ethics and the methodology of biomedicine in the case of population stratifications for medical research, which requires weighing non-epistemic values with methodological constraints. (shrink)

Standard deontic logic (SDL) is defined on the basis of possible world semantics and is a logic of alethic-deontic modalities rather than deontic modalities alone. The interpretation of the concepts of obligation and permission comes down exclusively to the logical value that a sentence adopts for the accessible deontic alternatives. Here, we set forth a different approach, this being a logic which additionally takes into consideration whether sentences stand in relation to the normative system or to the system of values (...) under which we predicate the deontic qualifications. By taking this aspect into account, we arrive at a logical system which preserves laws proper to a deontic logic but where the standard paradoxes of deontic logic do not arise. It is a logic of strictly-deontic modalities DR. (shrink)

My paper builds on the conceptual tools from three interrelated philosophical debates that—as I believe—may help structure important if chaotic discussions about surrogates for living human brains and resolve some practical issues related to regulatory matters. In particular, I refer to the discussions about the “moral precautionary principle” in research ethics (Koplin and Wilkinson 2019); about normative uncertainty in ethics (MacAskill, Bykvist, and Ord 2020), and about the inductive risk problem for animal welfare scientists (Birch 2018). I elucidate upon the (...) possible meanings of the phrase “a too good human brain surrogate” used by Henry T. Greely (2021), and I demonstrate that the evaluation of the practical and regulatory implications of the “goodness” of such surrogates created for research purposes should be sensitive to the possible consequences of two types of errors: the under-attribution and over-attribution of moral status to such beings. Many authors writing about this topic (including Greely 2021, but see also, e.g., Koplin and Savulescu 2019) concentrate only on the first type of error, neglecting the negative consequences of the second type, i.e., over-attribution. (shrink)

Consider how we evaluate how normal an object is. On the dual-nature hypothesis, a normality evaluation depends on the object’s goodness and frequency. On the single-nature hypothesis, the evaluation depends solely on either frequency or goodness. To assess these hypotheses, I ran four experiments. Study 1 shows that normality evaluations vary with both the goodness and the frequency assessment of the object. Study 2 shows that manipulating the goodness and the frequency dimension changes the normality evaluation. Yet, neither experiment rules (...) out that some people evaluate normality solely based on frequency, and the rest evaluate normality solely based on goodness. Whence two more experiments. Study 3 reveals that when scenarios are contrasted—presented one after another—only frequency matters. But, as study 4 shows, when scenarios are evaluated alone, both frequency and goodness influence normality evaluations in a single person, although the more a person is sensitive to one dimension, the less she’s sensitive to the other. The dual-nature hypothesis seems thus true of uncontrasted applications of the concept of normality, whereas the single-nature hypothesis seems true of contrasted applications. (shrink)

Incorporating normality ascriptions into counterfactual theories of causation was supposed to handle isomorphs. It doesn’t—conjoining isomorphs can produce cases that such ascriptions cannot resolve.

In this article, I present a new interpretation of the pro-life view on the status of early human embryos. In my understanding, this position is based not on presumptions about the ontological status of embryos and their developmental capabilities but on the specific criteria of rational decisions under uncertainty and on a cautious response to the ambiguous status of embryos. This view, which uses the decision theory model of moral reasoning, promises to reconcile the uncertainty about the ontological status of (...) embryos with the certainty about normative obligations. I will demonstrate that my interpretation of the pro-life view, although seeming to be stronger than the standard one, has limited scope and cannot be used to limit destructive research on human embryos. (shrink)

Here, we discuss historical, philosophical and technical problems associated with relating logic and relating semantics. To do so, we proceed in three steps. First, Section 1 is devoted to providing an introduction to both relating logic and relating semantics. Second, we address the history of relating semantics and some of the main research directions and their philosophical applications. Third, we discuss some technical problems related to relating semantics, particularly whether the direct incorporation of the relation into the language of relating (...) logic is needed. The starting point for our considerations presented here is the 1st Workshop On Relating Logic and the selected papers for this issue. (shrink)

According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and risks; (3) (...) anti-aggregationist principles that recommend the distribution of bad effects and the concentration of good ones. I will show that these arguments, although connected with interesting philosophical problems regarding e.g. counterfactuals, aggregation, or probability, are unconvincing. (shrink)

We show that truth conditions for counterfactuals need not always be given in terms of a vague notion of similarity. To this end, we single out the important class of historical counterfactuals and give formally rigorous truth conditions for these counterfactuals, employing a partial ordering relation called "comparative closeness" that is defined in the framework of branching space-times. Among other applications, we provide a detailed analysis of counterfactuals uttered in the context of lost bets. In an appendix we compare our (...) theory with the branching space-times based reading of counterfactuals recently proposed by Belnap. (shrink)

The aim of this paper is to reconstruct and correct one argument in support of the symmetrization postulate in quantum mechanics. I identify the central premise of the argument as a thesis specifying a particular ontic property of quantum superpositions. The precise form of this thesis depends on some underlying assumptions of a metaphysical character. I compare the exchange degeneracy argument with alternative formal arguments for the symmetrization postulate, and I discuss the role and meaning of labels in the symmetric/antisymmetric (...) representations of the states of many particles. (shrink)

In this paper, I argue that enactivism and computationalism—two seemingly incompatible research traditions in modern cognitive science—can be fruitfully reconciled under the framework of the free energy principle. FEP holds that cognitive systems encode generative models of their niches and cognition can be understood in terms of minimizing the free energy of these models. There are two philosophical interpretations of this picture. A computationalist will argue that as FEP claims that Bayesian inference underpins both perception and action, it entails a (...) concept of cognition as a computational process. An enactivist, on the other hand, will point out that FEP explains cognitive systems as constantly self-organizing to non-equilibrium steady-state. My claim is that these two interpretations are both true at the same time and that they enlighten each other. (shrink)

The paper investigates, in the framework of branching space–times, whether an infinite EPR-like correlation which does not involve finite EPR-like correlations is possible.

Konserwatywni przeciwnicy prowadzenia badań naukowych na ludzkich embrionach argumentują, że od momentu poczęcia mają one status moralny równy statusowi ludzi dorosłych: zarodki mają takie samo prawo do życia jak dorośli. W artykule przedstawiam oryginalną argumentację za tym stanowiskiem, której źródła można znaleźć w XVII-wiecznej teologii moralnej i współczesnej teorii decyzji. Argumentacja ta nie odwołuje się do statusu ontologicznego embrionów, ale do pewnego typu rozumowania praktycznego na temat tego, co należy robić w rozmaitych sytuacjach niepewności. Na pierwszy rzut oka wydaje się (...) ona wzmacniać stanowisko konserwatywne, ponieważ nie zależy od kontrowersyjnych metafizycznych założeń na temat statusu zarodków czy kwestii ich potencjalności. W artykule pokażę jednak, że argumentacja ta obarczona jest poważnymi wadami, które sprawiają, że nie da się jej zastosować do uzasadnienia sprzeciwu wobec moralnej czy prawnej dopuszczalności np. badań na zarodkowych komórkach macierzystych. (shrink)

The development of innovative biomedical technologies that use gene editing tools opens up new possibilities in the treatment of rare diseases, as well as diseases that were not previously treated...

The paper extends the framework of outcomes in branching space-time (Kowalski and Placek [1999]) by assigning probabilities to outcomes of events, where these probabilities are interpreted either epistemically or as weighted possibilities. In resulting models I define the notion of common cause of correlated outcomes of a single event, and investigate which setups allow for the introduction of common causes. It turns out that a deterministic common cause can always be introduced, but (surprisingly) only special setups permit the introduction of (...) truly stochastic common causes. I analyse next the Bell-Aspect experiment and derive the Bell-CH inequalities. I observe that we postulate there not a common cause for outcomes of a single event but rather a common common cause that accounts for outcomes of many events, where 'events' mean 'measurements with (different) directions of polarization'. Since the inequalities are violated, I claim that no causal story can be told about the Bell correlations, where causality is subliminal and restricted by screening-off condition. Similarly, given certain intuitive principles, no deterministic story can be told about these correlations. (shrink)

In the late 2010s, various international committees, expert groups, and national strategy boards have voiced the demand to ‘open’ the algorithmic black box, to audit, expound, and demystify artificial intelligence. The opening of the algorithmic black box, however, cannot be seen only as an engineering challenge. In this article, I argue that only the sort of transparency that arises from critique—a method of theoretical examination that, by revealing pre-existing power structures, aims to challenge them—can help us produce technological systems that (...) are less deceptive and more just. I relate the question of AI transparency to the broader challenge of responsible making, contending that future action must aim to systematically reconcile design—as a way of concealing—with critique—as a manner of revealing. (shrink)