Ex aequo et bono compensations refer to tribunal’s compensations that cannot be determined exactly according to the rule of law, in which case the judge relies on an estimate that seems fair for the case at hand. Such cases are prone to legal uncertainty, given the subjectivity that is inherent to the concept of fairness. We show how basic principles from statistics and machine learning may be used to reduce legal uncertainty in ex aequo et bono judicial decisions. For a (...) given type of ex aequo et bono dispute, we consider two general stages in estimating the compensation. First, the stage where there is significant disagreement among judges as to which compensation is fair. In that case, we let judges rule on such disputes, while a machine tracks a certain measure of the relative differences of the granted compensations. In the second stage that measure, which expresses the degree of legal uncertainty, has dropped below a predefined threshold. From then on legal decisions on the quantity of the ex aequo et bono compensation for the considered type of dispute may be replaced by the average of previous compensations. The main consequence is that this type of dispute is, from this stage on, free of legal uncertainty. (shrink)

Recent research emphasizes the complexity of providing useful explanations of computer-generated output. In developing an explanation-generating tool, the computer scientist should take a user-centered perspective, while taking into account the user’s susceptibility to certain biases. The purpose of this paper is to expand the research results on explainability from the social sciences, and to indicate how these results are relevant to the field of XAI. This is done through the presentation of two surveys to university students. The analysis of the (...) results leads to some interesting hypotheses, for example that the presented order of historical facts might be more influential on the interpretation or appreciation of an event than the actual temporal order of these facts. The computer scientist should, therefore, pay particular emphasis to the format of the produced output of any explainable artificial intelligence system. The main message of the paper is that results from the social sciences must be regarded as a crucial foundation of any explainable artificial intelligence system. (shrink)

Although it has been proposed that inhibition is related to individual differences in mathematical achievement, it is not clear how it is related to specific aspects of mathematical skills, such as arithmetic fact retrieval. The present study therefore investigated the association between inhibition and arithmetic fact retrieval and further examined the unique role of inhibition in individual differences in arithmetic fact retrieval, in addition to numerical magnitude processing. We administered measures of cognitive inhibition (i.e., numerical and non-numerical stroop tasks) and (...) a complementary, more ecologically valid measure of children’s inhibition in the classroom (i.e., teacher questionnaire), as well as numerical magnitude processing (i.e., symbolic and non-symbolic numerical magnitude comparison) and arithmetic fact retrieval (i.e., two verification tasks) in 86 typically developing third graders. We used a correlation, a regression and a Bayesian analysis. This study failed to observe a significant association between inhibition and arithmetic fact retrieval. Consequently, our results did not reveal a unique contribution of inhibition to arithmetic fact retrieval in addition to numerical magnitude processing. On the other hand, symbolic numerical magnitude processing turned out to be a very powerful predictor of arithmetic fact retrieval, as indicated by both frequentist and Bayesian approaches. (shrink)

The current study investigates whether self-talk phrases can influence behavior in Ultimatum Games. In our three self-talk treatments, participants were instructed to tell themselves (i) to keep their own interests in mind, (ii) to also think of the other person, or (iii) to take some time to contemplate their decision. We investigate how such so-called experimenter-determined strategic self-talk phrases affect behavior and emotions in comparison to a control treatment without instructed self-talk. The results demonstrate that other-focused self-talk can nudge proposers (...) towards fair behavior, as offers were higher in this group than in the other conditions. For responders, self-talk tended to increase acceptance rates of unfair offers as compared to the condition without self-talk. This effect is significant for both other-focused and contemplation-inducing self-talk but not for self-focused self-talk. In the self-focused condition, responders were most dissatisfied with unfair offers. These findings suggest that use of self-talk can increase acceptance rates in responders, and that focusing on personal interests can undermine this effect as it negatively impacts the responders’ emotional experience. In sum, our study shows that strategic self-talk interventions can be used to affect behavior in bargaining situations. (shrink)

As thousands of healthy research participants are being included in small and large imaging studies, it is essential that dilemmas raised by the detection of incidental findings are adequately handled. Current ethical guidance indicates that pathways for dealing with incidental findings should be in place, but does not specify what such pathways should look like. Building on an interview study of researchers’ practices and perspectives, we identified key considerations for the set-up of pathways for the detection, management and communication of (...) incidental findings in imaging research. We conducted an interview study with a purposive sample of researchers at research facilities across the Netherlands. Based on a qualitative analysis of these interviews and on existing guidelines found in the literature, we developed a prototype ethical framework, which was critically assessed and fine-tuned during a two-day international expert meeting with bioethicists and representatives from large population-based imaging studies from the United Kingdom, Germany, Sweden and Belgium. Practices and policies for the handling of incidental findings vary strongly across the Netherlands, ranging from no review of research scans and limited feedback to research participants, to routine review of scans and the arrangement of clinical follow-up. Respondents felt that researchers do not have a duty to actively look for incidental findings, but they do have a duty to act on findings, when detected. The principle of reciprocity featured prominently in our interviews and expert meeting. We present an ethical framework that may guide researchers and research ethics committees in the design and/or evaluation of appropriate pathways for the handling of incidental findings in imaging studies. The framework consists of seven steps: anticipation of findings, information provision and informed consent, scan acquisition, review of scans, consultation on detected abnormalities, communication of the finding, and further clinical management and follow-up of the research participant. Each of these steps represents a key decision to be made by researchers, which should be justified not only with reference to costs and/or logistical considerations, but also with reference to researchers’ moral obligations and the principle of reciprocity. (shrink)

This interview study investigates the short- and long-term implications of incidental findings detected through brain imaging on research participants’ lives and their surroundings. For this study, nine participants of the Rotterdam Scan Study with an incidental finding were approached and interviewed. When examining research participants’ narratives on the impact of the disclosure of incidental findings, the authors identified five sets of tensions with regard to motivations for and expectations of research participation, preferences regarding disclosure, short- and long-term impacts and impacts (...) on self and others. The paper shows: that the impact of incidental findings may be greater than participants at first let on; incidental findings can have significant effects on participants’ social environment; and participants may not feel prepared for disclosure even if incidental findings have been discussed during the informed consent process. The authors call for investigators to be aware of research participants’ experiences and these short- and long-term impacts when designing suitable courses of action for the detection and management of incidental findings in research settings. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

One of the essential parts within the transition towards sustainable economies, is the way how higher education prepares its students for their future role in business. In order for them to contribute to corporate social responsibility within the enterprise context, they need specific skills and competences related to sustainable development. Derived from the societal role of business schools in preparing the future business leaders and entrepreneurs, the focus of this paper is the participation in, and the contribution of business schools (...) to the issues of efficiency measures for sustainability. This topic could be wider situated within the context of higher education for sustainable development, which aims at integrating competences for sustainable development into the curriculum, and integrating sustainability measures within campus operations, research and societal role. The paper furthermore looks at a business school context as a case for institutional efficiency measures. The paper describes how business schools could implement efficiency measures and apply instruments within their own context, looking at the campus as a ‘living laboratory’ for sustainability innovation. The paper describes how tools and instruments to foster sustainability integration are applied on campus, its benefits and possible problems. The paper focuses on the application of three instruments: Assessment Instrument for Sustainability in Higher Education; Ecological Footprint Analysis; and Principles for Responsible Management Education. It builds upon the data and results from several action research projects within two Belgian business schools. As a conclusion, the paper will reflect upon the essential characteristics of these initiatives, as a way to enhance efficiency measures for sustainability both within the business school itself, as within a wider business context. (shrink)

In the Netherlands, consent from relatives is obligatory for post mortal donation. This study explored the perspectives of relatives regarding the request for consent for donation in cases without donor registration. A content analysis of narratives of 24 bereaved relatives of unregistered, eligible, brain-dead donors was performed. Relatives of unregistered, brain-dead patients usually refuse consent for donation, even if they harbour pro-donation attitudes themselves, or knew that the deceased favoured organ donation. Half of those who refused consent for donation mentioned (...) afterwards that it could have been an option. The decision not to consent to donation is attributed to contextual factors, such as feeling overwhelmed by the notification of death immediately followed by the request; not being accustomed to speaking about death; inadequate support from other relatives or healthcare professionals, and lengthy procedures. Healthcare professionals could provide better support to relatives prior to donation requests, address their informational needs and adapt their message to individual circumstances. It is anticipated that the number of consenting families could be enlarged by examining the experience of decoupling and offering the possibility of consent for donation after circulatory death if families refuse consent for donation after brain-death. (shrink)

《莊子•天道》中輪扁斲輪故事，看似旨在說明技藝之不可言傳性；若 連結到其他論及技藝與語言之《莊子》篇章來看，如此詮釋誠然有跡可循，而在現代學界也確實傾向以此脈絡來理解或應用輪扁之故事。鑒於《莊子• 天道》中，另有其他段落以「書」為題，本文擬從《莊子•天道》整章的脈 絡來探討輪扁故事之旨趣。本文將根據輪扁故事中有關書的問題，分別探 究：書的功能何在？為何批判書？書中少了什麼？依據《莊子•天道》提供 之線索探討上述諸問題時，可以發現輪扁之故事應視為政治論述之一環；換 言之，技藝與語言等議題，或許無關於其宏旨。.

Human reasoning is often conceived as an interplay between a more intuitive and deliberate thought process. In the last 50 years, influential fast-and-slow dual-process models that capitalize on this distinction have been used to account for numerous phenomena – from logical reasoning biases, over prosocial behavior, to moral decision making. The present paper clarifies that despite the popularity, critical assumptions are poorly conceived. My critique focuses on two interconnected foundational issues: the exclusivity and switch feature. The exclusivity feature refers to (...) the tendency to conceive intuition and deliberation as generating unique responses such that one type of response is assumed to be beyond the capability of the fast-intuitive processing mode. I review the empirical evidence in key fields and show that there is no solid ground for such exclusivity. The switch feature concerns the mechanism by which a reasoner can decide to shift between more intuitive and deliberate processing. I present an overview of leading switch accounts and show that they are conceptually problematic – precisely because they presuppose exclusivity. I build on these insights to sketch the groundwork for a more viable dual-process architecture and illustrate how it can set a new research agenda to advance the field in the coming years. (shrink)

This article presents and interprets a number of neglected paradoxes in early Chinese philosophical texts . Looking beyond well-known paradoxes put forward by masters such as Hui Shi and Gongsun Long, it intends to complement our picture of Warring States and early Western Han paradoxical statements. The first section contrasts the neglected paradoxes with the well-known ones. It is contended here that our understanding of these latter paradoxes is hampered by a lack of context and that the neglected paradoxes possess (...) an interpretative advantage by virtue of their being context-embedded. The second section presents an overview of three groups of neglected paradoxes, showing that the paradoxical effect of these paradoxes results from a challenge to the semantics of their central terms. The third section discusses the distribution of the paradoxes throughout the early literature and concludes that they typically appear in "Daoist" writings. The final section proposes a semantic-rhetorical interpretation. Placing the paradoxes against the background of the features and use of important terms, it is argued that they constitute unorthodox redefinitions and are formulated to influence the behavior and values of their intended audience. (shrink)

Coping with stress has been primarily investigated as an individual-level phenomenon. In work settings, however, an individual’s exposure to demands is often shared with co-workers, and the process of dealing with these demands takes place in the interaction with them. Coping, therefore, may be conceptualized as a multilevel construct. This paper introduces the team coping concept and shows that including coping as a higher-level team property may help explain individual-level outcomes. Specifically, we investigated the effects of exposure to danger during (...) deployment on burnout symptoms in military service members and examined to what extent this relationship was moderated by individual-level and team-level functional coping. We hypothesized that the relationship between individuals’ exposure to danger and burnout is contingent on both. In line with our predictions, we found that service members who were highly exposed to danger, and did not engage in much functional coping, suffered most from burnout symptoms, but only when their teammates did not engage in much functional coping either. When their teammates did engage in much functional coping, the effect of exposure to danger on burnout was buffered. Hence, team members’ coping efforts functioned as a resilience resource for these service members. (shrink)

In this commentary, I warn against a possible dual process misconception that might lead people to conclude that utilitarian judgments are normatively correct. I clarify how the misconception builds on (1) the association between System 2 and normativity in the dual process literature on logical/probabilistic reasoning, and (2) the classification of utilitarian judgments as resulting from System 2 processing in the dual process model of moral reasoning. I present theoretical and empirical evidence against both premises.

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

The conclusions drawn by Benjamin Libet from his work with collegues on the timing of somatosensorial conscious experiences has met with a lot of praise and criticism. In this issue we find three examples of the latter. Here I attempt to place the divide between the two opponent camps in a broader perspective by analyzing the question of the relation between physical timing, neural timing, and experiential timing. The nervous system does a sophisticated job of recombining and recoding messages from (...) the sensorial surfaces and if these processes are slighted in a theory, it might become necessary to postulate weird operations, including subjective back-referral. Neuroscientifically inspired theories are of necessity still based on guesses, extrapolations, and philosophically dubious manners of speech. They often assume some neural correlate of consciousness as a part of the nervous system that transforms neural activity in reportable experiences. The majority of neuroscientists appear to assume that the NCC can compare and bind activity patterns only if they arrive simultaneously at the NCC. This leads to a search for synchrony or to theories in terms of the compensation of differences in neural delays . This is the main dimension of the Libet discussion. Examples from vision research, such as “temporal-binding-by-synchrony” and the “flash-lag” effect, are then used to illustrate these reasoning patterns in more detail. Alternatively one could assume symbolic representations of time and space that are not coded in their own dimension . Unless such tags are multiplexed with the quality message , one gets a binding problem for tags. One of the hidden aspects of the discussion between Libet and opponents appears to be the following. Is the NCC smarter than the rest of the nervous system, so that it can solve the problems of local sign and timing on its own, or are these pieces of information coded symbolically early on in the system? A supersmart NCC appears to be the assumption of Libet's camp . The wish to distribute the smartness evenly across all stages of processing in the nervous system appears to motivate the opponents. I argue that there are reasons to side with the latter group. (shrink)

In this commentary, I highlight the relevance of Cushman's target article for the popular dual-process framework of thinking. I point to the problematic characterization of rationalization in traditional dual-process models and suggest that in line with recent advances, Cushman's rational rationalization account offers a way out of the rationalization paradox.

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

The 34 commentaries on the target article span a broad range of interesting issues. I have organized my reply around five major themes that seemed to emerge: Remarks about the generalizability of the empirical findings, links with other models, necessary extensions, the utility of dual-process models, and more specific points. This allows me to clarify possible misconceptions and identify avenues for further advancement.

Dual process theories conceive human thinking as an interplay between heuristic processes that operate automatically and analytic processes that demand cognitive effort. The interaction between these two types of processes is poorly understood. De Neys and Glumicic (2008) recently found that most of the time heuristic processes are successfully monitored. This monitoring, however, would not demand as many cognitive resources as the analytic thinking that is needed to solve reasoning problems. In the present study we tested the crucial assumption about (...) the effortless nature of the monitoring process directly. Participants solved base-rate neglect problems in which heuristic and analytic processes cued a conflicting response or not. Half of the participants reasoned under a secondary task load. A surprise recall task was used as an implicit measure of whether the participants detected the conflict in the problems. Results showed that, even under load, base-rate recall performance was better for conflict problems than for no-conflict problems. Although participants made more reasoning errors under load, recall of the conflict problems was not affected by the working memory load. These findings support the claim about the successful and undemanding nature of the conflict detection process during thinking. (shrink)

Dual process models of higher cognition have become very influential in the cognitive sciences. The popular Default-Interventionist model has long favoured a serial view on the interaction between...

BackgroundThis article is part of a study to gain insight into the decision-making process by looking at the views of the relatives of potential brain dead donors. Alongside a literature review, focus interviews were held with healthcare professionals about their role in the request and decision-making process when post-mortal donation is at stake. This article describes the perspectives of the relatives.MethodsA content-analysis of 22 semi-structured in-depth interviews with relatives involved in an organ donation decision.ResultsThree themes were identified: ‘conditions’, ‘ethical considerations’ (...) and ‘look back’. Conditions were: ‘sense of urgency’, ‘incompetence to decide’ and ‘agreement between relatives’. Ethical considerations result in a dilemma for non-donor families: aiding people or protecting the deceased’s body, especially when they do not know his/her preference. Donor families respect the deceased’s last will, generally confirmed in the National Donor Register. Looking back, the majority of non-donor families resolved their dilemma by justifying their decision with external arguments. Some non-donor families would like to be supported during decision-making.DiscussionThe discrepancy between general willingness to donate and the actual refusal of a donation request can be explained by multiple factors, with a cumulative effect. Firstly, half of the participants stated that they felt that they were not competent to decide in such a crisis and they seem to struggle with utilitarian considerations against their wish to protect the body. Secondly, non-donor families refused telling that they did not know the deceased’s wishes or contesting posthumous autonomy of the eligible. Thirdly, the findings emphasise the importance of Donor Registration, because it seems to prevent dilemmas in decision-making, at least for donor families.ConclusionDiscrepancies between willingness to consent to donate and refusal at the bedside can be attributed to an unresolved dilemma: aiding people or protect the body of the deceased. Non-donor families felt incompetent to decide. They refused consent for donation, since their deceased had not given any directive. When ethical considerations do not lead to an unambiguous answer, situational factors were pivotal. Relatives of unregistered eligible donors are more prone to unstable decisions. To overcome ambivalence, coaching during decision-making is worth investigation. (shrink)