Essays in this volume honor Marcel Senn on the occasion of his retirement from the law department of Universität Zürich. The contributors of the essays are colleagues and friends.

It is an assumption common to many theories of rationality that all practical reasons are based on a person's given desires. I shall call any approach to practical reasons which accepts this assumption a "Humean approach". In spite of many criticisms, the Humean approach has numerous followers who take it to be the natural and inevitable view of practical reason. I will develop an argument against the Humean view aiming to explain its appeal, as well as to expose its mistake. (...) I focus on just one argument in favour of the Humean approach, which I believe can be constructed as the background idea of many Humean accounts: the argument from motivation. (shrink)

Diese Arbeit ist eine Studie zu einer der ältesten Fragen der Philosophie: der Frage nach der Beziehung, in der unsere Gedanken, unsere Sprache und unsere sinnliche Erfahrung zur Wirklichkeit stehen. In ihrer sowohl historisch als auch systematisch orientierten Studie argumentiert die Autorin für eine realistische Auffassung dieses Verhältnisses. In der Auseinandersetzung mit Positionen von Quine, Strawson oder McDowell wird ein Begriff von Objektivität entwickelt und im Rahmen einer Konzeption sinnlicher Erfahrung ausgewiesen, der auch der skeptischen Herausforderung standhält: In einer detaillierten (...) Analyse der begrifflichen Struktur unseres kognitiven wie perzeptiven Bezugs auf die Außenwelt wird aufgewiesen, dass aus den internen Verknüpfungen erkenntnistheoretischer und ontologischer Aspekte unserer Erfahrung die Notwendigkeit der Existenz- wie auch der Unabhängigkeitsdimension der realistischen These folgt. (shrink)

Bei Kant tauchen viele antike Autoren und Theorien auf. In dieser ersten Gesamtbearbeitung zum Thema wird gegen eine langjährige Forschungsmeinung gezeigt, dass nicht so sehr Platon und Aristoteles als vielmehr der hellenistischen Philosophie die entscheidende Rolle für sein Denken zukommt. Anhand der drei Kritiken werden Konstanzen und Umbrüche seines Antikeverständnisses herausgearbeitet und in ihren Konsequenzen für die Kantdeutung beleuchtet.

It appears to be a feature of our ordinary understanding of morality that we ought not to act in certain ways at all. We ought not to kill, torture, deceive, break our promises (say)—exceptional circumstances apart. Many moral duties are thought of in this way. Killing another person would be wrong even if it achieved a great good, and even if it led to preventing the deaths of several others. This feature of moral thinking is at the core of deontological (...) ethics. But while it is also part and parcel of ordinary moral thought, it seems puzzling, because it requires an agent to act (or to abstain from acting) in certain ways, even if by violating the duty she could achieve a better outcome in terms of the very restriction that she is required to heed. If the explanation of the duty not to kill were that it preserves human life it would be hard to understand why killing is not morally permitted when it leads to preserving a greater number of lives. Moreover, why should we not violate a restriction if doing so leads to fewer violations of that very restriction? There are two questions here. (1) Why not violate a restriction whose point it is to preserve lives, if doing so leads to preserving a greater number of lives? (2) Why not violate a restriction if doing so minimizes the violation of that very restriction? The latter question concerns what is sometimes called ‘the paradox of deontology’ or the problem of ‘minimizing violations’. The former may concern the so-called trolley cases, for instance. After all, a trolley hurtling towards a number of innocent people is not about to violate the moral restriction on killing innocent people, as it is not the kind of thing that can be subject to such a restriction. In this paper I am concerned only with (2): the paradox of deontology. To put it in Nozick’s terms: ‘How can a concern for the nonviolation of C [i.e. some deontological constraint] lead to refusal to violate C even when this would prevent other more extensive violations of C? -/- Samuel Scheffler, puzzled by the same idea, put it in terms of ‘agent-centred restrictions’ (ACR), because the restriction requires an agent (not) to act in certain ways, contrasting thereby with a requirement that certain actions not be done. The restriction is thus an agent-relative rather than an agent-neutral one. Scheffler ended up rejecting the idea of agent-centred restrictions, as even on close investigation the puzzle would not dissolve. Scheffler maintains that ACRs have ‘an air of paradox’ to them, as they violate what he calls maximizing rationality. ACRs appear to clash with the idea of maximizing rationality, because they require an agent to choose the option that worse achieves her goal of not harming people. I call this, following common parlance, the paradox of deontology, even though it is not strictly speaking a paradox. Exploring whether there is really a problem here, and how it might be solved, is the main objective of this paper. I begin by explaining the puzzlement about agent-centred restrictions in more detail. I then discuss promising as an example of a kind of action which is thought to be subject to agent-centred restrictions. It turns out that they are surprisingly easy to explain. The difficult case is killing—and that should put us on guard. I argue that the problem is not with the very idea of deontological restrictions, but with puzzling aspects of the ethics of killing. (shrink)

(2013). Rational argument, rational inference. Argument & Computation: Vol. 4, Formal Models of Reasoning in Cognitive Psychology, pp. 21-35. doi: 10.1080/19462166.2012.689327.

The Schyns et al. target article demonstrates that different classifications entail different representations, implying “flexible space learning.” We argue that flexibility is required even at the within-category level.

The legal doctrine of ‘common purpose’ in South African criminal law considers all parties liable who have been in implicit or explicit agreement to commit an unlawful act, and associated with each other for that purpose, even if the consequential act has been carried out by one of them. It relieves the prosecution of proving the causal link between the conduct of an individual member of a group acting in common purpose, and the ultimate consequence caused by the action of (...) the group as a whole. The National Prosecuting Authority’s controversial and vociferously challenged decision to charge 270 demonstrators at Lonmin Platinum Mine in Marikana with the murders of 34 colleagues under the ‘common purpose’ doctrine, implying liability by association or agreement, raises the question as to the constitution and characteristics of the crowd and of the public, respectively. This article outlines the history of the application of the common purpose rule in South Africa, to then examine ‘common purpose’ within the philosophical parameters of group psychology and collective intentionality. It argues for methodological individualism within a psychoanalytic theorisation of group dynamics, and a non-summative approach to collective intentionality, in addressing some problems in the conceptualisation of group formation. (shrink)

Among various changing views on sex and gender, transsexualism, theoretically as well as clinically, raises a paradoxical issue: transsexual subjects seem to confirm something that they simultaneously disclaim or, at least, destabilize with their transition. These days psychoanalysis remains rather critical towards transsexualism. Jacques Lacan has developed several theories on sex and gender, reworking them during the course of his lifetime. That is why his work includes possibilities of understanding transsexual phenomena at the level of singular solutions that he himself, (...) especially with respect to some of his earlier cases, has not been able to formulate. (shrink)

This article sheds light on the ‘European citizenship paradox’, which emerges as a result of the tensions between EU citizenship norms and member‐state practices in the context of regional disparities and social inequalities that market integration arguably deepens. I claim that a transnational, politically inclusive European citizenship would provide for public spaces where unjust practices can be submitted to a respectful but no less ruthless critical analysis, where violent impositions and infringements can be disqualified by insisting on human and European (...) citizenship rights and norms. Assessing alternative citizenship models, I argue that a purely liberal‐market, a republican or a cosmopolitan citizenship model all appear to fail to resolve this paradox, unless they include deliberative procedures based on the recognition of different collective identities. (shrink)

We examine in detail three classic reasoning fallacies, that is, supposedly ``incorrect'' forms of argument. These are the so-called argumentam ad ignorantiam, the circular argument or petitio principii, and the slippery slope argument. In each case, the argument type is shown to match structurally arguments which are widely accepted. This suggests that it is not the form of the arguments as such that is problematic but rather something about the content of those examples with which they are typically justified. This (...) leads to a Bayesian reanalysis of these classic argument forms and a reformulation of the conditions under which they do or do not constitute legitimate forms of argumentation. (shrink)

Freuds Entwurf von »Trauer und Melancholie« vom Februar 1915, der 1996 publiziert wurde, steht im Zentrum der Untersuchung. Nach einer Zusammenfassung der Thesen des Entwurfs werden Ferenczis und Abrahams Reaktionen auf den Text sowie Freuds Kommentar zu ihren Stellungnahmen dargestellt. Freuds partielle Übernahme von Ferenczis Introjektion und seine Zurückhaltung gegenüber Abrahams »Munderotik und Sadismus« werden erörtert sowie die Frage, ob und inwiefern die Einwürfe der Schüler in die Endfassung von »Trauer und Melancholie« einflossen, insbesondere Abrahams theoretischer Ansatz. Abschließend wird der (...) Begriff der narzisstischen Identifizierung, der den Kern von Freuds Verständnis der Depression bildet, mit seinen aus der gleichen Zeit stammenden Ausführungen über die »Vorstufen der Liebe« zu einem Bild der narzisstischen Beziehung zwischen Subjekt und Objekt zusammengefügt, unter Betonung der klinischen Relevanz der von Freud entwickelten Differenz zwischen der narzisstischen und libidinösen Besetzung des Objekts. (shrink)

In this paper, I argue that a person can have a reason to do what she cannot do. In a nutshell, the argument is that a person can have derivate reasons relating to an action that she has a non-derivative reason to perform. There are clear examples of derivative reasons that a person has in cases where she cannot do what she (non-derivatively) has reason to do. She couldn’t have those derivative reasons, unless she also had the non-derivative reason to (...) do what she cannot do. I discuss a number of objections to this view, in particular two: (1) The objection that if there were reasons to do what one cannot do, many of those would be ‘crazy reasons’, and (2) the worry that if there were such reasons, then agents would have reasons to engage in futile deliberations and tryings. I develop an explanation of ‘crazy reasons’ that shows that not all reasons to do the impossible are crazy and only those that are need to be filtered out, and, regarding the second objecting, I show that the reasons for trying as well as for taking the means to doing something—instrumental reasons in a broad sense—are different from the reasons for performing the action in the first place. They are affected by impossibility, and we can explain why that is so. The view I argue for is that a person may have a reason to do what she cannot do, but she does not have a reason to try to do so or to take means to realizing the impossible. (shrink)

Is the wrongness of an action a reason not to perform it? Of course it is, you may answer. That an action is wrong both explains and justifies not doing it. Yet, there are doubts. Thinking that wrongness is a reason is confused, so an argument by Jonathan Dancy. There can’t be such a reason if ‘ϕ-ing is wrong’ is verdictive, and an all things considered judgment about what (not) to do in a certain situation. Such judgments are based on (...) all the relevant reasons for and against ϕ-ing. If that ϕ-ing is wrong, while being an all things considered verdict, would itself be a reason, it would upset the balance of reasons: it would be a further reason which has not yet been considered in reaching the verdict. Hence, the judgment wasn’t ‘all things considered' after all. I show that the argument against wrongness being a reason is unsuccessful, because its main assumption is false. Is main assumption is that a consideration which necessarily does not affect the balance of reasons is not a reason. I also argue that there can be no deontic buck-passing account. (shrink)

ArgumentRecurring economic crises, like the one of 2007-2008, led to criticism of economic research and a demand to develop new strategies to avoid them. Standard economic theories use conventional approaches to deal with economic challenges, heterodox theories try to develop alternatives with which to face them. It remains unclear whether the 2007-2008 crisis led to a change in economic research as well as to a consideration of alternative approaches. We used co-word analysis to map the structure of economic research in (...) Germany between 2005 and 2014. Core topics within economic research, such as “market” or “production” hardly shift and can be linked to standard economic theories. Peripheral topics such as “inequality” or “unemployment” show greater dynamics. However, only a few of these topics can be linked to heterodox approaches. Certain changes have occurred in reaction to the 2007-2008 crisis. However, the unchanged importance of standard economic topics raises the question whether these changes are sufficient to face coming economic challenges. (shrink)

Zusammenfassung In diesem Artikel geht es darum, die Genealogie im Anschluss an Michel Foucault für die Religionswissenschaft fruchtbar zu machen und ihr Programm zu schärfen. Dazu hebe ich zuerst einige wesentliche Aspekte hervor, welche die Genealogie ausmachen. Im Folgenden untersuche ich den Artikel „Umkämpfte Historisierung“ von Michael Bergunder als ein aktuelles Beispiel für die Anwendung der Genealogie in der Religionswissenschaft. Diesem stelle ich im letzten Teil des Artikels meine eigene Genealogie von Religion gegenüber. Ich zeige, wie sich die Konstitution eines (...) spezifisch religiösen Bereichs und die nominalistische Auffassung seiner Zeichen innerhalb des Ritenstreits im Kontext von Mission in Asien seit dem 16. Jh. vollzogen hat. Wie Religion verstanden wurde, hing dabei unmittelbar davon ab, welche kolonialen Interessen durchgesetzt werden sollten. Die Verstrickung von Religion in den Zusammenhang von Macht-Subjekt-Wissen muss deshalb zukünftig konsequenter auch durch die Religionswissenschaft untersucht werden. Religion ist keine unschuldige Kategorie der Beobachtung, sondern über sie wurden und werden Kämpfe um Macht und gesellschaftlichen Einfluss ausgetragen. (shrink)

Many of the things we do in the course of a day we don't do intentionally: blushing, sneezing, breathing, blinking, smiling—to name but a few. But we also do act intentionally, and often when we do we act for reasons. Whether we always act for reasons when we act intentionally is controversial. But at least the converse is generally accepted: when we act for reasons we always act intentionally. Necessarily, it seems. In this paper, I argue that acting intentionally is (...) not in all cases acting for a reason. Instead, intentional agency involves a specific kind of control. Having this kind of control makes it possible to modify one's action in the light of reasons. Intentional agency opens the possibility of acting in the light of reasons. I also explain why when we act with an intention we act for reasons. In the second part of the paper, I draw on these results to show that the dominant view of reasons to intend and the rationality of intentions should be rejected. (shrink)

That the extraordinary narrative experiment known as theSatyriconhas regularly stimulated scholarly investigation into the relationship between status and freedom is not surprising for a work, the longest surviving section of which features an excessive dinner party at the house of alibertus. Much of the discussion has concentrated on the depiction of the dinner's host and his freedmen friends. Following the lead of F. Zeitlin and others in seeing the depiction of a ‘freedmen's milieu’ in theCena, J. Bodel argued in a (...) seminal paper published twenty years ago that theCenaopens a window onto the ‘freedman's mentality’. The last ten years or so have seen a revival of the theme, with much emphasis on the display of an open society in theCena, even a Saturnalian world-view, based on a suspension or reversal of the traditional social hierarchies, all framed by a general air of excessive liberality: whatever satirical lens theSatyricon’s author is seen to have projected onto Trimalchio and his freedmen friends,theyare understood as celebrating ‘freedom's defining difference’. In the light of such a unifying conceptualization of theCena’s motley crew, it is not surprising that scholars have come to understand the libertine assemblage as a reflection of ‘the social class of the “freedmen” in first-centurya.d.Italy’. After all, ‘class’ can be defined as ‘a number of individuals (persons or things) possessing common attributes’, and, with specific regard to human society, as ‘a division of society according to status’. (shrink)

This paper investigates the dynamic and performative construction of publics in public engagement exercises. In this investigation, we, on the one hand, analyse how public engagement settings as political machineries frame particular kinds of roles and identities for the participating publics in relation to ‘the public at large’. On the other hand, we study how the participating citizens appropriate, resist and transform these roles and identities, and how they construct themselves and the participating group in relation to wider publics. The (...) empirical basis of our argument is a discussion of four different kinds of participation events in Austria. Building on these observations we develop conclusions about the public up-take of public participation in technoscience and the role of public engagement in current techno-political cultures. (shrink)

Recent advances in artificial intelligence offer many beneficial prospects. However, concerns have been raised about the opacity of decisions made by these systems, some of which have turned out to be biased in various ways. This article makes a contribution to a growing body of literature on how to make systems for automated decision-making more transparent, explainable, and fair by drawing attention to and further elaborating a distinction first made by Nozick between first-level bias in the application of standards and (...) second-level bias in the choice of standards, as well as a second distinction between discrimination and arbitrariness. Applying the typology developed, a number of illuminating observations are made. First, it is observed that some reported bias in automated decision-making is first-level arbitrariness, which can be alleviated by explainability techniques. However, such techniques have only a limited potential to alleviate first-level discrimination. Second, it is argued that second-level arbitrariness is probably quite common in automated decision-making. In contrast to first-level arbitrariness, however, second-level arbitrariness is not straightforward to detect automatically. Third, the prospects for alleviating arbitrariness are discussed. It is argued that detecting and alleviating second-level arbitrariness is a profound problem because there are many contrasting and sometimes conflicting standards from which to choose, and even when we make intentional efforts to choose standards for good reasons, some second-level arbitrariness remains. (shrink)

Argumentation is pervasive in everyday life. Understanding what makes a strong argument is therefore of both theoretical and practical interest. One factor that seems intuitively important to the strength of an argument is the reliability of the source providing it. Whilst traditional approaches to argument evaluation are silent on this issue, the Bayesian approach to argumentation (Hahn & Oaksford, 2007) is able to capture important aspects of source reliability. In particular, the Bayesian approach predicts that argument content and source reliability (...) should interact to determine argument strength. In this paper, we outline the approach and then demonstrate the importance of source reliability in two empirical studies. These experiments show the multiplicative relationship between the content and the source of the argument predicted by the Bayesian framework. (shrink)

As more decisions are made by automated algorithmic systems, the transparency of these systems has come under scrutiny. While such transparency is typically seen as beneficial, there is a also a critical, Foucauldian account of it. From this perspective, worries have recently been articulated that algorithmic transparency can be used for manipulation, as part of a disciplinary power structure. Klenk (Philosophy & Technology 36, 79, 2023) recently argued that such manipulation should not be understood as exploitation of vulnerable victims, but (...) rather as indifference to whether the information provided enhances decision-making by revealing reasons. This short commentary on Klenk uses Berlin’s (1958) two concepts of liberty to further illuminate the concept of transparency as manipulation, finding alignment between positive liberty and the critical account. (shrink)

Wang (_Philosophy & Technology_ 35, 2022) introduces a Foucauldian power account of algorithmic transparency. This short commentary explores when this power account is appropriate. It is first observed that the power account is a constructionist one, and that such accounts often come with both factual and evaluative claims. In an instance of Hume’s law, the evaluative claims do not follow from the factual claims, leaving open the question of how much constructionist commitment (Hacking, 1999) one should have. The concept of (...) acts in equilibrium (Nozick, 1981) is then used to explain how different individuals reading Wang can end up with different evaluative attitudes towards algorithmic transparency, despite factual agreement. The commentary concludes by situating constructionist commitment inside a larger question of how much to think of our actions, identifying conflicting arguments. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

A deep dive into the influences of Hegelian thought on the work of revolutionary and postcolonial theorist Frantz Fanon Hegel is most often mentioned – and not without good reason – as one of the paradigmatic exponents of Eurocentrism and racism in Western philosophy. But his thought also played a crucial and formative role in the work of one of the iconic thinkers of the ‘decolonial turn’, Frantz Fanon. This would be inexplicable if it were not for the much-quoted ‘lord-bondsman’ (...) dialectic – frequently referred to as the ‘master-slave dialectic’ – described in Hegel's The Phenomenology of Spirit. Fanon takes up this dialectic negatively in contexts of violence-riven (post-)slavery and colonialism; yet in works such as Black Skin, White Masks and The Wretched of the Earth he upholds a Hegelian-inspired vision of freedom. The essays in this collection offer close readings of Hegel’s text, and of responses to it in the work of twentieth-century philosophers, that highlight the entangled history of the translations, transpositions and transformations of Hegel in the work of Fanon, and more generally in colonial, postcolonial and decolonial contexts. (shrink)

The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...) not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy. (shrink)

In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...) full understanding of causal argumentation. (shrink)