Background: Informed consent is a legal as well as ethical prerequisite in clinical research. For dementia research, informed consent can be a problem if subjects with dementia, whose capacity for understanding and thus also decision making might be limited, are to be exam- ined. This might result in exclusion of dementia patients from research, as capacity for understanding and decision making are often equated with the ability for rational decision making. However, this valuation has been criticized at times for attaching (...) too much impor- tance to the cognitive aspect of decision making. -/- Methods: This qualitative study investigates the actual consent procedure of a clini- cal research study in Germany with regard to dementia patients’ subjective and objective understanding of informed consent information. Research participants were ten dementia patients, who volunteered in two clinical research studies, as well as their caregivers. Data were collected by use of semi-structured interviews. -/- Results: It was determined that the patients’ comprehension of informed consent infor- mation was rather limited. However, a number of patients were quite aware of this. In con- trast, all caregivers claimed to have fully understood the provided information, while their objective comprehension was also incomplete. Several participants indicated that they did not attach much importance to the information given in the consent procedure and that their consent did not primarily depend on this information. Rather, participation in the research study for them seemed to be more of a problem-focused coping strategy for dealing with their diagnosis of dementia. -/- Conclusion: For research ethics these results raise the question whether the currently prevailing emphasis on the cognitive aspect of autonomous decision making, i.e., compre- hension, may be too one-sided, and to what extent the “volitional” aspect in giving consent should be given greater consideration. (shrink)

Robots are slowly, but certainly, entering people's professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the field of robotics: how to keep up with technological advances; how to strike a balance between stimulating innovation and the protection of fundamental rights and values; whether to affirm prevalent social norms or nudge social norms (...) in a different direction; and, how to balance effectiveness versus legitimacy in techno-regulation. The four dilemmas are each treated in the context of a particular modality of regulation: law, market, social norms, and technology as a regulatory tool; and for each, we focus on particular topics? such as liability, privacy, and autonomy? that often feature as the major issues requiring regulatory attention. The paper then highlights the role and potential of the European framework of rights and values, responsible research and innovation, smart regulation and soft law as means of dealing with the dilemmas. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning framework, which (...) has recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

Transformer-based language models (TLMs) have widely been recognized to be a cutting-edge technology for the successful development of deep-learning-based solutions to problems and applications that require natural language processing and understanding. Like for other textual domains, TLMs have indeed pushed the state-of-the-art of AI approaches for many tasks of interest in the legal domain. Despite the first Transformer model being proposed about six years ago, there has been a rapid progress of this technology at an unprecedented rate, whereby BERT (...) and related models represent a major reference, also in the legal domain. This article provides the first systematic overview of TLM-based methods for AI-driven problems and tasks in the legal sphere. A major goal is to highlight research advances in this field so as to understand, on the one hand, how the Transformers have contributed to the success of AI in supporting legal processes, and on the other hand, what are the current limitations and opportunities for further research development. (shrink)

In this paper, we propose a regularity theory of causation. The theory aims to be reductive and to align with our pre‐theoretic understanding of the causal relation. We show that our theory can account for a wide range of causal scenarios, including isomorphic scenarios, omissions, and scenarios which suggest that causation is not transitive.

An important argument against prohibiting organ sales is that it removes the best option available to individuals in dire circumstances. However, this line of reasoning fails to recognise that selling a kidney on a regulated market is only the best option in a very narrow comparison, where a regulated organ market is compared with banning organ sales. Once we acknowledge this narrowness, selling a kidney is not the best option. This paves the way for a distributive justice-based critique of the (...) ‘best option’ argument for organ markets, which illuminates that organ markets should be compared with a broader set of alternatives. If providing the option of selling a kidney is not the best option, but rather the best option we are willing to provide, and one which means that many people will remain in poverty and unjust circumstances, then this reflects poorly on those societies willing to offer only this option and not a better one. (shrink)

Luck egalitarianism is a responsibility-sensitive theory of distributive justice. Its application to health and healthcare is controversial. This article addresses a novel critique of luck egalitarianism, namely, that it wrongfully discriminates against those responsible for their health disadvantage when allocating scarce healthcare resources. The philosophical literature about discrimination offers two primary reasons for what makes discrimination wrong (when it is): harm and disrespect. These two approaches are employed to analyze whether luck egalitarian healthcare prioritization should be considered wrongful discrimination. Regarding (...) harm, it is very plausible to consider the policies harmful but much less reasonable to consider those responsible for their health disadvantages a socially salient group. Drawing on the disrespect literature, where social salience is typically not required for something to be discrimination, the policies are a form of discrimination. They are, however, not disrespectful. The upshot of this first assessment of the discrimination objection to luck egalitarianism in health is, thus, that it fails. (shrink)

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to reward certain behaviors, the article develops (...) an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

Glauben und unser Begriff von ihm stehen seit wenigstens hundert Jahren mit im Zentrum der theoretischen Philosophie. Glauben im weitesten Sinn: jederlei Art des Fürwahrhaltens. Die Frage, was es ist und welchen Begriff wir davon haben, war und bleibt ein Thema insbesondere auch der Erkenntnistheorie, der Philosophie des Geistes und der Ontologie. Welche Auskünfte bietet die Philosophie heute darüber, was das Glauben ist? Wie gut sind sie? Inwieweit lassen sie sich aus dem Begriff begründen, den wir vom Glauben haben? Was (...) für ein Begriff ist das eigentlich? Können wir Wissen vom Glauben haben, wenigstens vom eigenen? Solchen Fragen geht dieser Essay nach, oft ohne definitive Antwort. Es ist eher der Versuch, erkennbar werden zu lassen, weshalb die Erwartung, es gebe solche Antworten, keinen guten philosophischen Grund hat. Und daß dies kein Grund ist, die Wirklichkeit des Glaubens in Frage zu ziehen. (shrink)

There has been considerable debate over regulated organ markets. Especially current markets, where people sell one of their kidneys while still alive, have received increased attention. Futures markets remain an interesting and under-discussed alternative specification of a market-based solution to the organ shortage. Futures markets pertain to the sale of the right to procure people’s organs after they die. There is a wide range of possible specifications of the futures market. There are, however, some major unaddressed efficiency concerns. This article (...) presents this class of concerns and discusses the implication for organ futures markets. It identifies a number of inefficiency sources pertaining to crowding out, bad organs, costs and missed opportunities, family refusals, moral hazard and strength of the provided incentive. However, a complete assessment of futures market requires better knowledge regarding the potential reaction from donors, families and health professionals. (shrink)

While standard forms of discrimination are widely considered morally wrong, philosophers disagree about what makes them so. Two accounts have risen to prominence in this debate: One stressing how wrongful discrimination disrespects the discriminatee, the other how the harms involved make discrimination wrong. While these accounts are based on carefully constructed thought experiments, proponents of both sides see their positions as in line with and, in part, supported by the folk theory of the moral wrongness of discrimination. This article presents (...) a vignette-based experiment to test empirically what, in the eyes of “folks”, makes discrimination wrong. Interestingly, we find that, according to folks, both disrespect and harm make discrimination wrong. Our findings offer some support for a pluralistic account of the wrongness of discrimination over both monist respect-based and monist harm-based accounts. (shrink)

Influential theories on affect and emotion propose a fundamental differentiation between emotion and cognition, and research paradigms designed to test them focus on differences rather than similarities between affective and cognitive processes. This research orientation is increasingly challenged by the widespread and successful use of cognitive research paradigms in the study of affect and emotion—a challenge with far-reaching implications. Where and on what basis should theorists draw the line between cognition and emotion, and when is it useful to do so? (...) Should researchers build more global, integrative models of cognition and emotion, or should they rely on local, content-specific models that draw attention to a differentiation between affective and cognitive processes? This special issue compiles different viewpoints on fundamental issues in the relationship between affect and cognition. (shrink)

Der Band repräsentiert in 30 Einzelbeiträgen den Stand der internationalen Nietzsche-Forschung und -interpretation.

The all-affected principle is a widely accepted solution to the problem of constituting the demos. Despite its popularity, a basic question in relation to the principle has not received much attention: why does the fact that an individual is affected by a certain decision ground a right to inclusion in democratic decision-making about that matter? An answer to this question must include a reason that explains why an affected individual should be included because she is affected. We identify three such (...) reasons in the literature – to wit, interest protection, self-government and welfare – and show why they all fail. We then propose two alternative reasons, equal relations and fairness, and show why they are also deficient. Surprisingly, the all-affected principle then appears groundless, which supports withholding belief in the all-affected principle or(/and) investing future research in identifying the thus-far unidentified reason why being affected grounds a claim to inclusion. (shrink)

Relational egalitarianism is a theory of justice according to which people must relate as equals. However, not just any inegalitarian relation is unjust, i.e., the fact that parents do not relate as equals to their children is not unjust. Whereas an adult treating another adult paternalistically is objectionable from the point of view of relational egalitarianism, parent-child paternalism is not. What may explain this difference in judgment? I refer to this as the Puzzle. I discuss four justifications of the Puzzle (...) and argue that none of them is satisfactory. In the final part of the paper, I discuss where this leaves relational egalitarianism as a theory of justice. (shrink)

When our choice affects some other person and the outcome is unknown, it has been argued that we should defer to their risk attitude, if known, or else default to use of a risk‐avoidant risk function. This, in turn, has been claimed to require the use of a risk‐avoidant risk function when making decisions that primarily affect future people, and to decrease the desirability of efforts to prevent human extinction, owing to the significant risks associated with continued human survival. I (...) raise objections to the claim that respect for others' risk attitudes requires risk‐avoidance when choosing for future generations. In particular, I argue that there is no known principle of interpersonal aggregation that yields acceptable results in variable population contexts and is consistent with a plausible ideal of respect for others' risk attitudes in fixed population cases. (shrink)

This paper concerns the classification of the process of mixture, for Aristotle, and the related issue of the manner in which the ingredients remain present once mixed. I argue that mixture is best viewed as a kind of substantial generation in the context of the GC and, accordingly, that the ingredients do not enjoy the kind of strong presence within a mixture usually attributed to them. To do this, I critically examine the most promising versions of the standard view and (...) offer a new interpretation of Aristotle’s treatment of a puzzle about mixture in GC 1.10. (shrink)

In this paper we develop what we can describe as a “dual two-sided” cut-free sequent calculus system for the non-classical logics of truth lp, k3, stt and a non-reflexive logic ts which is, arguably, more elegant than the three-sided sequent calculus developed by Ripley for the same logics. Its elegance stems from how it employs more or less the standard sequent calculus rules for the various connectives and truth, and the fact that it offers a rather neat connection between derivable (...) sequents and validity in comparison to the calculus developed by Ripley. (shrink)

In this paper, I set out to defend the claim that a central principle in democratic theory, the all-subjected principle, applies not only when one is subject to a rule by a state but also when one is subject to a rule by a ‘non-state’ unit. I argue that self-government is the value underlying the all-subjected principle that explains why a subjected individual should be included because she is subjected. Given this, it is unfounded to limit the principle to the (...) state, as subjection which threatens self-government occurs in non-state units such as corporations and families. This means that following the all-subjected principle surprisingly implies that we ought to have family and workplace democracy. (shrink)

How important is it, morally speaking, that banning the sale of organs removes the best option available to would-be organ sellers? According to a widespread argument called the best option argument, this is very important. In a recent article I criticised such reasoning, drawing on considerations of distributive justice. Luke Semrau has argued that I have misunderstood the best option argument. In this article, I respond to Semrau’s criticism and elaborate on my original argument.

Werte sind selbstverständlich. Über sie redet jeder. Und jeder nimmt sie für sich in Anspruch. Häufig für Widersprüchliches: beispielsweise ebenso dafür, sich für Flüchtlinge einzusetzen, wie dafür, sie abzuweisen. Werte scheinen allgegenwärtig und alternativlos. Und doch sind Werte eine moderne Erfindung und näher besehen gar nicht selbstverständlich. Dieses Buch fragt, worüber wir reden, wenn wir über Werte reden und sie in Anspruch nehmen. Vielleicht gibt es keine Werte. Vielleicht sind Werte Fiktionen. Vielleicht aber nützliche Fiktionen.

This paper has two parts. First, I argue that three prominent arguments in favour of affirmative action—the mitigating discrimination argument, the equality of opportunity argument and the diversity argument—may be based on a relational egalitarian theory of justice, as opposed to a distributive understanding of justice. Second, I argue that basing these arguments in favour of affirmative action on relational egalitarianism has an interesting implication when it comes to the site(s) of affirmative action. Whereas affirmative action is usually discussed and (...) pursued in university admissions and in hiring for jobs, the relational egalitarian-based arguments entail, all else equal, that we have more reason to pursue affirmative action in the political domain than in the traditional sites. (shrink)

This paper offers a theory of spatial indexicals like _here_ and _there_ on which such expressions are variables associated with presuppositional constraints on their values. I show how this view handles both referential and bound uses of these indexicals, and I propose an account of what counts as the location of the context on a given occasion. The latter is seen to explain a wide range of facts about what the spatial indexicals can refer to.

Die Krise des Glaubens in der Neuzeit hat den Erfahrungsbegriff zu einem wichtigen Mittel der christlichen Selbstdeutung werden lassen. Mit diesem Begriff sollen der Wesenskern und das Kriterium des Christlichen erfasst werden. Eine Untersuchung der drei wichtigsten Grundmodelle, repräsentiert durch Schleiermachers unmittelbare Erfahrung in Anschauung und Gefühl, Rahners transzendentale Erfahrung und Swinburnes perzeptiven Ansatz, zeigt aber, dass der neue Begriff zu Verengungen in der theoretischen und praktischen Architektur des Christentums führt. Statt das Christentum durch eine isolierte, einheitliche Erfahrungskonzeption zu stützen, (...) erscheint es daher sinnvoller, den Erfahrungsbegriff selbst auf traditionelle Weise am Kriterium der Liebe Maß nehmen zu lassen. So wird es möglich, eine Vielfalt von religiös relevanten erfahrungsartigen Phänomenen zusammenzuführen, und gleichzeitig bleibt deren Strukturierung aus der Mitte der christlichen Religion gewahrt.As consequence of the modern crisis of faith, the concept of religious experience has risen to an important instrument of Christian self-interpretation. Experience can even acquire the role of a criterion of religion. However, an analysis of the three most influential models, Schleiermacher's immediate experience, Rahner's transcendental experience and Swinburne's perceptual approach, shows that the new concept conflicts with traditional theoretical and practical architecture of Christianity. Instead of founding the Christian faith on isolated and uniform concepts of experience, it seems more appropriate to take refuge to the traditional criterion of love. A broader variety of phenomena can be bound together as genuine religious experiences by that rule and remain at the same time dependent to the central source of the Christian religion. (shrink)

In this paper, we develop a non-reductive variant of the regularity theory of causation proposed in Andreas and Günther (Pacific Philosophical Quarterly 105: 2–32, 2024). The variant is motivated as a refinement of Lewis’s (Journal of Philosophy 70:556–567, 1973) regularity theory. We do not pursue a reductive theory here because we found a challenge for Baumgartner's (Erkenntnis 78:85–109, 2013) regularity theory which applies to our previous theory as well. The challenge is sidestepped by a framework of law-like propositions resembling structural (...) equations. We furthermore improve the deviancy condition of our previous theory. Finally, we show that the present theory can compete with the most advanced regularity and counterfactual accounts. (shrink)

The objective of explainable artificial intelligence systems designed for clinical decision support (XAI-CDSS) is to enhance physicians’ diagnostic performance, confidence and trust through the implementation of interpretable methods, thus providing for a superior epistemic positioning, a robust foundation for critical reflection and trustworthiness in times of heightened technological dependence. However, recent studies have revealed shortcomings in achieving these goals, questioning the widespread endorsement of XAI by medical professionals, ethicists and policy-makers alike. Based on a surgical use case, this article challenges (...) generalising calls for XAI-CDSS and emphasises the significance of time-sensitive clinical environments which frequently preclude adequate consideration of system explanations. Therefore, XAI-CDSS may not be able to meet expectations of augmenting clinical decision-making in specific circumstances where time is of the essence. This article, by employing a principled ethical balancing methodology, highlights several fallacies associated with XAI deployment in time-sensitive clinical situations and recommends XAI endorsement only where scientific evidence or stakeholder assessments do not contradict such deployment in specific target settings. (shrink)

Introspection presents our phenomenal states in a manner otherwise than physical. This observation is often thought to amount to an argument against physicalism: if introspection presents phenomenal states as they essentially are, then phenomenal states cannot be physical states, for we are not introspectively aware of phenomenal states as physical states. In this article, I examine whether this argument threatens a posteriori physicalism. I argue that as along as proponents of a posteriori physicalism maintain that phenomenal concepts present the nature (...) of their referents in a partial and incomplete manner, a posteriori physicalism is safe. (shrink)

Faszination ist eine zentrale Form ästhetischen Erlebens in der Gegenwart, deren Merkmale und historisches Profil bislang nur ansatzweise beschrieben sind. Ausgehend vom modernen Verständnis von Faszination entwickelt die begriffsgeschichtlich breit fundierte Untersuchung einen formalen Begriff dieser ästhetischen Emotion, der für zwei bedeutende Epochen der ästhetischen, poetologischen und semiotischen Theoriebildung -- die griechische Antike und das 18. Jahrhundert -- diskutiert wird. In der Auseinandersetzung mit antiken Konzepten der Metapher und des Erhabenen sowie mit ästhetischen Positionen bei Addison, Mendelssohn, Klopstock, Hamann, Kant, (...) Stewart und Goethe werden grundlegende Erklärungskomponenten für die Entstehung und Wirkung sprachlich induzierter Faszination aufgezeigt. Ästhetische Faszination ist kein Pathos-, sondern ein Tiefenkonzept. Sie resultiert aus einer Divergenzerfahrung in der Prozessierbarkeit von Sinnlichkeit und Bedeutung. Faszination bewirkt keine Verabschiedung, sondern eine Stimulierung des Intelligiblen. (shrink)

Across Europe, countries are reducing CO2 emissions and energy demand by lowering the temperature in public office buildings. These measures affect men and women unequally because the latter prefer and, indeed, perform better under higher temperatures than the standard temperature. Lowering the temperature thus further increases an already existing inequality. We show that the philosophical literature on discrimination provides an interesting theoretical approach to understanding such measures. On prominent understandings of what discrimination is, the policy would be considered direct discrimination (...) against women if it could be shown to reflect a broader inattentiveness to the needs of women in society. Alternatively, and more straightforwardly, the policies can be considered indirect discrimination because of their disparate effects on men and women. The final part of the paper shows that the policies are also wrong for the reasons it is often argued that discrimination is wrong—to wit, that it harms or disrespects those who are discriminated against. The final section suggests a range of measures to offset the discriminatory aspects of the policy. (shrink)

The article at hand presents the results of a literature review on the ethical issues related to scientific authorship. These issues are understood as questions and/or concerns about obligations, values or virtues in relation to reporting, authorship and publication of research results. For this purpose, the Web of Science core collection was searched for English resources published between 1945 and 2018, and a total of 324 items were analyzed. Based on the review of the documents, ten ethical themes have been (...) identified, some of which entail several ethical issues. Ranked on the basis of their frequency of occurrence these themes are: 1) attribution, 2) violations of the norms of authorship, 3) bias, 4) responsibility and accountability, 5) authorship order, 6) citations and referencing, 7) definition of authorship, 8) publication strategy, 9) originality, and 10) sanctions. In mapping these themes, the current article explores major ethical issue and provides a critical discussion about the application of codes of conduct, various understandings of culture, and contributing factors to unethical behavior. (shrink)