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)

This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

‘Op zeker moment in de loop van die stille dagen besliste ik dat dat was wat ik wilde: de geest in al haar complexiteit bestuderen [...] Ik lees in mijn dagboek dat een handschrift, door mij ternauwernood herkend als het mijne, schrijft met heel de kwetsbare overmoed van een haast twintigjarige: ‘Volgens mij is het observeren van het leven, het brein, de ziel enzovoort, net zoiets als het bestuderen van elektronen: de gevolgde methode, de aanvangssituatie, die bepalen de uitslag. Een (...) andere methode kan een andere uitslag opleveren, waarvan je niet kunt zeggen dat die fout is.’. (shrink)

Geoengineering as a technological intervention to avert the dangerous climate change has been on the table at least since 2006. The global outreach of the technology exercised in a non-encapsulated system, the concerns with unprecedented levels and scales of impact and the overarching interdisciplinarity of the project make the geoengineering debate ethically quite relevant and complex. This paper explores the ethical desirability of geoengineering from an overall review of the existing literature on the ethics of geoengineering. It identifies the relevant (...) literature on the ethics of geoengineering by employing a standard methodology. Based on various framing of the major ethical arguments and their subsets, the results section presents the opportunities and challenges at stake in geoengineering from an ethical point of view. The discussion section takes a keen interest in identifying the evolving dynamics of the debate, the grey areas of the debate, with underdeveloped arguments being brought to the foreground and in highlighting the arguments that are likely to emerge in the future as key contenders. It observes the semantic diversity and ethical ambiguity, the academic lop-sidedness of the debate, missing contextual setting, need for interdisciplinary approaches, public engagement, and region-specific assessment of ethical issues. Recommendations are made to provide a useful platform for the second generation of geoengineering ethicists to help advance the debate to more decisive domains with the required clarity and caution. (shrink)

This article explores how neutralisation can explain people's lack of commitment to buying Fair Trade products, even when they identify FT as an ethical concern. It examines the theoretical tenets of neutralisation theory and critically assesses its applicability to the purchase of FT products. Exploratory research provides illustrative examples of neutralisation techniques being used in the FT consumer context. A conceptual framework and research propositions delineate the role of neutralisation in explaining the attitude-behaviour discrepancies evident in relation to consumers' FT (...) purchase behaviour, providing direction for further research that will generate new knowledge of consumers' FT purchase behaviour and other aspects of ethical consumer behaviour. (shrink)

The question of who should be included in democratic decision-making is known as the boundary problem in democratic theory. I identify two requirements that a satisfactory solution to the boundary problem must satisfy, i.e. the Considered Judgment Requirement and the Value Requirement. I argue that the two most prominent solutions to the boundary problem—the all-affected principle and the all-subjected principle—fail to satisfy these requirements. Instead, I propose an equal relations principle and show that it satisfies the requirements. It turns out (...) that relatedness, and not affectedness or subjectedness, is what fundamentally explains who should be included. (shrink)

Platons Dialog Parmenides bietet eine Auseinandersetzung mit innerakademischen Kritiken. Im ersten Teil legt Platon nahe, dass gewisse Einwande gegen die Ideenlehre auf einem unangemessenen Verstandnis der Sache beruhen: sie entstehen vor dem Hintergrund der Bewusstseinsgestalt der Verdinglichung. Die Brisanz dieser Diagnose wird im zweiten Teil des Dialoges verdeutlicht. Hier demonstriert Platon sozusagen ad nauseam, was geschieht, wenn diese Denkform gegen die Auffassung der Kritiker gewendet wird. Andreas Graeser untersucht den Platons Dialog genauer.

This paper defends a version of the realist view that fictional characters exist. It argues for an instance of abstract realist views, according to which fictional characters are roles, constituted by sets of properties. It is argued that fictional names denote individual concepts, functions from worlds to individuals. It is shown that a dynamic framework for understanding the evolution of discourse information can be used to understand how roles are created and develop along with story content. Taking fictional names to (...) denote individual concepts provides accounts of a number of uses of fictional names. These include non-fictional uses, fictional uses, metafictional uses, interfictional uses, counterfictional uses, and negative existentials. It is argued that this account is not open to objections that have been raised in the literature. (shrink)

Artificial Intelligence (AI) is taking centre stage in economic growth and business operations alike. Public discourse about the practical and ethical implications of AI has mainly focussed on the societal level. There is an emerging knowledge base on AI risks to human rights around data security and privacy concerns. A separate strand of work has highlighted the stresses of working in the gig economy. This prevailing focus on human rights and gig impacts has been at the expense of a closer (...) look at how AI may be reshaping traditional workplace relations and, more specifically, workplace health and safety. To address this gap, we outline a conceptual model for developing an AI Work Health and Safety (WHS) Scorecard as a tool to assess and manage the potential risks and hazards to workers resulting from AI use in a workplace. A qualitative, practice-led research study of AI adopters was used to generate and test a novel list of potential AI risks to worker health and safety. Risks were identified after cross-referencing Australian AI Ethics Principles and Principles of Good Work Design with AI ideation, design and implementation stages captured by the AI Canvas, a framework otherwise used for assessing the commercial potential of AI to a business. The unique contribution of this research is the development of a novel matrix itemising currently known or anticipated risks to the WHS and ethical aspects at each AI adoption stage. (shrink)

How should we weigh suffering against happiness? This paper highlights the existence of an argument from intuitively plausible axiological principles to the striking conclusion that, in comparing different populations, there exists some depth of suffering that cannot be compensated for by any measure of well-being. In addition to a number of structural principles, the argument relies on two key premises. The first is the contrary of the so-called Reverse Repugnant Conclusion. The second is a principle according to which the addition (...) of any population of lives with positive welfare levels makes the outcome worse if accompanied by sufficiently many lives that are not worth living. I consider whether we should accept the conclusion of the argument and what we may end up committed to if we do not, illustrating the implications for the question of whether suffering in aggregate outweighs happiness among human and non-human animals, now and in future. (shrink)

Whether meaning is compositional has been a major issue in linguistics and formal philosophy of language for the last 2 decades. Semantic holism is widely and plausibly considered as an objection to the principle of semantic compositionality therein. It comes as a surprise that the holistic peculiarities of scientific language have been rarely addressed in formal accounts so far, given that semantic holism has its roots in the philosophy of science. For this reason, a model-theoretic approach to semantic holism in (...) the language of science is presented here. This approach preserves compositionality to a large extent. *Received September 2009; revised February 2010. †To contact the author, please write to: Seminar for Philosophy, Logic, and Theory of Science, Hauspostfach 49, Ludwig-Maximilians-Universität, Munich 80539, Germany; e-mail: [email protected]. (shrink)

The modern term >fascination fascination force divided self< allow to indicate them as prototypical descriptions of fascination. References to Plato by Marsilio Ficin and Friedrich Nietzsche expose the importance of Socrates in the conceptual history of fascination.

In quantifying the global burden of disease in terms of Disability-Adjusted Life Years (DALYs), we must determine both Years of Life Lost (YLLs) and Years Lost to Disability (YLDs). In setting priorities for global health, many have felt that YLLs should not always simply equal life expectancy at death. To this end, Dean Jamison and colleagues recommend the use of a DALY metric that incorporates Acquisition of Life Potential (ALP). When an individual dies, the YLLs that we would otherwise count (...) are multiplied by the value of the ALP function, which rises gradually from 0 to 1 during the first stages of an individual’s life. Jamison et al. do not provide a detailed philosophical justification for the use of gradual ALP. In this chapter I explain why I believe the Time-Relative Interest Account represents the most plausible ethical basis for the ALP approach and describe how we might model ALP in light of this account. (shrink)

Beginn : das Narrativ -- Traditionelle Denkmöglichkeiten -- Alternative Denkmöglichkeiten -- Unbedingte Möglichkeit -- Entfaltung -- Konsequenzen -- Schluss : das Narrativ.

fMRI is a tool to study brain function noninvasively that can reliably identify sites of neural involvement for a given task. However, to what extent can fMRI signals be related to measures obtained in electrophysiology? Can the blood-oxygen-level-dependent signal be interpreted as spatially pooled spiking activity? Here we combine knowledge from neurovascular coupling, functional imaging and neurophysiology to discuss whether fMRI has succeeded in demonstrating one of the most established functional properties in the visual brain, namely directional selectivity in the (...) motion-processing region V5/ MT+. We also discuss differences of fMRI and electrophysiology in their sensitivity to distinct physiological processes. We conclude that fMRI constitutes a complement, not a poor-resolution substitute, to invasive techniques, and that it deserves interpretations that acknowledge its stand as a separate signal. (shrink)

This article investigates structural aspects of source domains in metaphorical mappings with regard to their manifestation in public discourse data. Specifically, it analyses the organization of source concepts into mininarratives or "scenarios" that dominate the discourse manifestations of source domains. The material consists of examples from a bilingual corpus of British and German public debates about the &European Union.& The data show that while the two national samples share some basic mappings between the source and target domains, they each are (...) characterised further by specific scenarios that provide focal points for conceptualizing the target topic. The scenarios can also be shown to carry evaluative and attitudinal biases that are related to particular political dispositions and preferences of the respective national discourse communities. In conclusion, it will be argued that the analysis of scenarios is a necessary complement to the study of source domains and of domain-mappings in metaphorical language use. (shrink)

I consider how we might begin to redress a cognitive model for thought experimental and other imagery-based scientific reasoning from an embodied cognition viewpoint. The paper gravitates on clarifying tour issues: (i) the danger of understanding the genuine novelty of thought-experimental reasoning and other imagery-based reasoning as a product of ‘quasi-perceiving’ new phenomenology with the ‘mind’s eye’ (as asserted by quasi-pictorialist theories of imagery); (ii) the erroneous choice of units of analysis that assume equivalence of external reports of visual imagery (...) with those internal structures that govern imagery-based reasoning, which are, as I will argue, largely linked to motor processes; (iii) the establishment of thought experimentation as imagery-based reasoning by providing evidence for the psychological necessity of imagistic simulation in thought experiments; (iv) a cognitive model for how learning via thought experimentation and other imagery-based reasoning takes place. The study was underpinned by constructivist assumptions. Case methodology was adopted, the case being a pair of final year A-level physics students. Data was collected through non-participant observation over two sessions of collaborative problem-solving. The tasks drew upon Newtonian mechanics. (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)

In this note, we show that the first-order logic IKω is sound with regard to the models obtained from continuum-valued Łukasiewicz-models for first-order languages by treating the quantifiers as infinitary strong disjunction/conjunction rather than infinitary weak disjunction/conjunction. Moreover, we show that these models cannot be used to provide a new consistency proof for the theory of truth IKTω obtained by expanding IKω with transparent truth, because the models are inconsistent with transparent truth. Finally, we show that whether or not this (...) inconsistency can be reproduced in the sequent calculus for IKTω depends on how vacuous quantification is treated. (shrink)

Expression in orchestral music is a matter of conductors rather than orchestras. Why should that be so? The straightforward answer seems to be that expression is bound to the individual self. But, then, does it have to be? Collective expression of, e.g., anger, rage or protest is not at all unusual in the public domain of politics. Our intuition of conductors’ expressive primacy could be salvaged if we were to conceive of orchestras as their instruments. But that will not do. (...) For conducting is to make oneself understood by an orchestra rather than to impact on it causally. A better way of making sense of the relationship between conductor and orchestra is offered by the theory of the social contract. That idea should be supplemented by an account of the relationship between the conductor who gesturally embodies the music’s expression on the one hand and the audience on the other hand. (shrink)

What are the metaphysical commitments which best 'make sense' of our scientific practice? In this book, Andreas Hüttemann provides a minimal metaphysics for scientific practice, i.e. a metaphysics that refrains from postulating any structure that is explanatorily irrelevant. Hüttemann closely analyses paradigmatic aspects of scientific practice, such as prediction, explanation and manipulation, to consider the questions whether and what metaphysical presuppositions best account for these practices. He looks at the role which scientific generalisation play in predicting, testing, and explaining the (...) behaviour of systems. He also develops a theory of causation in terms of quasi-inertial processes and interfering factors, and he proposes an account of reductive practices that makes minimal metaphysical assumptions. His book will be valuable for scholars and advanced students working in both philosophy of science and metaphysics. (shrink)

This chapter examines Bertrand Russell’s various confrontations with Bergson’s work. Russell’s meetings with Bergson during 1911 would be followed in 1912 by the publication of Russell’s earliest polemical pieces. His 1912 review of Bergson’s Laughter ridicules the effort to develop a philosophical account of humour on the basis of some formula. In his 1912 “The Philosophy of Bergson”, Russell develops a series of objections against Bergson’s accounts of number, space, and duration. Bergson’s position is defended against Russell’s onslaught by H. (...) W. Carr (1913) and Karin Costelloe-Stephen (1914), though Russell only replies to the former. By contrast to Bergson’s silence in the face of Russell’s criticisms, Russell would continue responding to Bergson’s views in multiple works during the 1910s and 1920s. As this chapter shows, Russell not only develops further objections against specific theses upheld by Bergson, but also comments upon the political implications of Bergson’s philosophy, as well as its positioning within the history of French philosophy. (shrink)

Information generally comes from less than fully reliable sources. Rationality, it seems, requires that one take source reliability into account when reasoning on the basis of such information. Recently, Bovens and Hartmann (2003) proposed an account of the conjunction fallacy based on this idea. They show that, when statements in conjunction fallacy scenarios are perceived as coming from such sources, probability theory prescribes that the “fallacy” be committed in certain situations. Here, the empirical validity of their model was assessed. The (...) model predicts that statements added to standard conjunction problems will change the incidence of the fallacy. It also predicts that statements from reliable sources should yield an increase in fallacy rates (relative to unreliable sources). Neither the former (Experiment 1) nor the latter prediction (Experiment 3) was confirmed, although Experiment 2 showed that people can derive source reliability estimates from the likelihood of statements in a manner consistent with the tested model. In line with the experimental results, model fits and sensitivity analyses also provided very little evidence in favor of the model. This suggests that Bovens and Hartmann’s present model fails to explain fully people’s judgements in standard conjunction fallacy tasks. (shrink)