In this paper, I assess John McDowell's paper "Avoiding the Myth of the Given" (2009) (AMG) and its theory of epistemological openness to the world. I trace its motivations back to Kantian, Sellarsian and Aristotelean roots. I argue that McDowell subscribes to a kind of Holistic Theory of Rationality (HTR). To explain the HTR, I will analyze the Sellarsian notions of the "Manifest Image," the "Myth of the Given" and the "logical space of reasons." I argue that the holistic nature (...) of McDowell's theory gives it particular properties that put it in need of conservatism, because all the elements of the theory "hang together" - i.e. cohere - in a dangerous fashion. I argue that McDowell cannot afford big changes without upsetting the apple-cart. With this in mind, I shall assess the merits and demerits of AMG, and its modified theory of perceptual content, as an attempted conservative reform of HTR. I want to argue that, taken independently, AMG is a good and important change, but taken holistically it is non-conservative, and disruptive, of the McDowellian picture. Thus, if we wish to proceed with the McDowellian path, we are led to a choice between rejecting the local reform (and retreating back to an earlier version) or demanding further explanations of its global implications. (shrink)

Slurs’ meaning is highly unstable. A slurring utterance like ‘Hey, F, where have you been?’ (where F is a slur) may receive a wide array of interpretations depending on various contextual factors such as the speaker’s social identity, their relationship to the target group, tone of voice, and more. Standard semantic, pragmatic, and non-content theories of slurs have proposed different mechanisms to account for some or all types of variability observed, but without providing a unified framework that allows us to (...) understand how different contextual factors simultaneously influence slurs’ interpretation. To address this issue, I argue that slurs convey dimensional qualities such as, e.g., ‘negative valence, neutral arousal, high dominance’ instead of discrete emotional categories such as ‘contempt’. Then, I translate this hypothesis into a game-theoretic model of slurs’ interpretation inspired by Heather Burnett’s pioneering work on identity construction. This new model, called ‘Affective Meaning Games’ (AMG), captures the variability of slurs and integrates pragmatic reasoning within an independently motivated psychological understanding of emotional states. (shrink)

Em seu ensaio Avoiding the Myth of the Given, McDowell traz uma nova caraterização do conteúdo da experiência perceptual e do modo que tal conteúdo torna possível ao sujeito conhecer. Esta nova caraterização tem sido acusada de gerar uma “ansiedade pluralista”. Escopo deste artigo é reconstruir os problemas que, segundo Corti, surgem a partir da virada argumentativa do filósofo, assim como avaliar se McDowell tem à disposição recursos conceituais para esquivar-se às críticas. Para isso, contamos com a seguinte estrutura de (...) texto: 1. reconstruiremos em detalhe a posição revisada de McDowell acerca da experiência perceptual tal como ela foi exposta em AMG; 2. reconstruiremos o argumento de Corti acerca da possibilidade de que a nova posição de McDowell implique no surgimento de uma “ansiedade pluralista”; 3. discutiremos se é possível fornecer uma interpretação da posição de McDowell que ofereça uma saída para tal ansiedade. (shrink)

This book reveals how, when, where and why vitalism and its relationship to new scientific theories, philosophies and concepts of energy became seminal from the fin de siècle until the Second World War for such Modernists as Sophie Tauber-Arp, Hugo Ball, Juliette Bisson, Eva Carrière, Salvador Dalì, Robert Delaunay, Marcel Duchamp, Edvard Munch, Picasso, Yves Tanguy, Gino Severini and John Cage. For them Vitalism entailed the conception of life as a constant process of metamorphosis impelled by the free flow of (...) energies, imaginings, intuition and memories, unconstrained by mechanistic materialism and chronometric imperatives, to generate what the philosopher Henri Bergson aptly called Creative Evolution. Following the three main dimensions of Vitalist Modernism, the first part of this book reveals how biovitalism at the fin de siècle entailed the pursuit of corporeal regeneration through absorption in raw nature, wholesome environments, aquatic therapies, electromagnetism, heliotherapy, modern sports, particularly rugby; water sports, the Olympic Games and physical culture to energize the human body and vitalize its life force. This is illuminated by artists as geoculturally diverse as Gustave Caillebotte, Thomas Eakins, Munch and Albert Gleizes. The second part illuminates how simultaneously vitalism became aligned with anthroposophy, esotericism, magnetism, occultism, parapsychology, spiritism, theosophy and what Bergson called "psychic states", alongside such new sciences as electromagnetism, radiology and the Fourth Dimension, as captured by such artists as Juliette Bisson, Giacomo Balla, Albert Besnard, Umberto Boccioni, Eva Carrière, John Gerrard Keulemans, László Mohology-Nagy, James Tissot, Albert von Schrenck Notzing and Picasso. During and after the devastation of the First World War, the third part explores how Vitalism, particularly Bergson's theory of becoming, became associated with Dadaist, Neo-Dadaist and Surrealist notions of amorality, atemporality, dysfunctionality, entropy, irrationality, inversion, negation and the nonsensical captured by Hans Arp, Charlie Chaplin, Theo Van Doesburg, Kazimir Malevich, Kurt Schwitters and Vladimir Tatlin alongside Cage's concept of Nothing. After investigating the widespread engagement with Bergson's philosophies, Vitalism and art by Anarchists, Marxists and Communists during and after the First World War, it concludes with the official rejection of Bergson and any form of Vitalism in the Soviet Union under Stalin. This book will be of vital interest to gallery, exhibition and museum curators and visitors plus readers and scholars working in art history, art theory, cultural studies, modernist studies, occult studies, European art and literature, health, histories of science, philosophy, psychology, sociology, sport studies, heritage studies, museum studies and curatorship. (shrink)

ZusammenfassungIn Umsetzung der EU-Verordnung Nr. 536/2014 hat der deutsche Gesetzgeber mit § 40b Abs. 4 AMG die gruppennützige Arzneimittelforschung mit Nichteinwilligungsfähigen zugelassen, sofern der Proband zuvor in einwilligungsfähigem Zustand nach den Regeln der Patientenverfügung darin eingewilligt hat. Die Anwendungsvoraussetzungen schließen forensische Psychiatriepatienten nicht aus, obgleich das kategorische Verbot für zwangsweise Untergebrachte formell-rechtlich unverändert geblieben ist. Damit stellt sich die praxisrelevante Frage nach dem rechtssystematischen Verhältnis der neuen Erlaubnis zum bisherigen Verbot – und letztlich zu den Perspektiven einer angemessenen Arzneimittelversorgung von (...) Patienten mit forensisch relevanten Störungen. (shrink)

On 9 August 1994 the German legislature revised the German Drug Law (AMG). Included in the revision is a passage requiring, for the first time, that the sponsors and investigators of clinical studies involving human subjects first obtain the approval of an ethics committee before carrying out such studies. According to the legislation, which takes effect on 17 August 1995, approval is to come from 'an independent ethics committee, set up and administered according to state law [emphasis added]' (1). Although (...) it is clear according to the text that the 16 federal states have been empowered to establish ethics committees within their jurisdictions, this does not mean that the state governments are free to transfer exclusive authority in the matter to their respective medical associations, a step that would effectively abolish Germany's private ethics committees. First, the legislation does not rule out the authorization of private ethics committees. Second, as legal scholars attest, the exclusive control of ethics committees by the medical associations would constitute an illegal monopoly. Third, it is arguable that medical-association ethics committees fail to meet the one prior federal requirement, that of independence. There is a great deal of confusion in Germany today about which kinds of ethics committees (public and/or private) the states will sanction before 17 August 1995. In an attempt to sort things out we present a brief explanation of how ther came to be two kinds of ethics committees in Germany, review the legal battle between the two over the issue of authorization, point out how the German legislature, in passing the recent bill, has missed an opportunity to clarify the issue and, finally suggest why the administration of ethics committees by the medical associations may be incompatible with the requirement that ethics committees be independent. (shrink)

A sudden paradigm shift has resulted in governmental measures that greatly impact the scope in which the ethics committees in Germany can perform their task of providing expert opinions for clinical research. The so-called “revaluation” of the Medical Device Law Deutsches Medizinproduktegesetz—MPG) is, in our opinion, not based on sound political and professional judgment. In accordance with the changed regulations, ethics committees are now seen as being sub-organs of the state medical associations or the medical faculties and are therefore official (...) authorities. It follows that the votes of ethics committees are then “sovereign acts” or authoritative measures! However, equality and justice speak against this misleading conclusion and its resulting consequence that an ethics committee’s vote is a sovereign act. This has, in turn, resulted in the public ethics committees obtaining their long-sought goal of having a state-sanctioned monopoly. The private ethics committees are not recognized as being authoritative bodies, nor are they to be seen as such in the future (i.e. such a status has been denied the Freiburg Ethics Commission International (FEKI) in Baden-Württemberg). This political mistake must be corrected, otherwise, conducting clinical research will become increasingly difficult. (shrink)