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)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Affirmative action continues to divide. My aim in this article is to present participants in the debate with a new distinction, namely one between negative and positive affirmative action. Whereas positive affirmative action has to do with certain goods, such as a place at a prestigious university or a job at a prestigious company, negative affirmative action has to do with certain bads, such as a firing or a sentence. I then argue that some of the most prominent arguments in (...) favor of affirmative action speak at least as much in favor of negative as positive affirmative action. At the same time, at least one of the most prominent arguments put forward against affirmative action speaks less against negative affirmative action. Thus, the article should redraw the battle lines in the affirmative action debate. (shrink)

In institutional design, public policy and for society as a whole, securing freedom of choice for individuals is important. But how much choice should we aim for? Various theorists argue that above some level more choice improves neither wellbeing nor autonomy. Worse still, psychology research seems to suggest that too much choice even makes us worse off. Such reasons suggest the Sufficiency View: increasing choice is only important up to some sufficiency level, a level that is not too far from (...) the level enjoyed by well-off citizens in rich liberal countries today. I argue that we should reject the Sufficiency View and accept Liberal Optimism instead: expanding freedom of choice should remain an important priority even far beyond levels enjoyed in rich liberal countries today. I argue that none of the arguments given for the Sufficiency View work. Neither psychological evidence nor any broader social trends support it. If anything, they support Liberal Optimism instead. I also show why further increases are possible and desirable, and sketch some implications for debates around immigration, economic growth, markets and the value of community. (shrink)

Als Wissenschaftslogik bezeichnet Carnap jene Disziplin, welche die Nachfolge der traditionellen Philosophie im 20. Jahrhundert antreten sollte. Den zentralen Bezugspunkt von Carnaps wissenschaftslogischen Arbeiten bildet die von Frege und Russell entwickelte mathematische Logik. Dies gilt auch für die Zweistufenkonzeption, mit der Carnap ein allgemeines Schema zur Analyse der Bedeutung von Begriffen nichtmathematischer Theorien entwirft. Dabei wird die Abhängigkeit der begrifflichen Bedeutung von den Aussagen der jeweiligen Theorie explizit anerkannt, was eine Überwindung der Dogmen des Empirismus innerhalb des Logischen Empirismus einschlieβt. (...) Allerdings geht Carnap in seinen Arbeiten zur Semantik formaler Sprachen auf die spezifischen Eigenschaften von theoretischen Termen nicht ein, so daβ die Überwindung der Dogmen des Empirismus unvollständig bleibt. Darauf gründet sich die wesentliche Aufgabe der vorliegenden Untersuchung, welche darin besteht, die Deutung von theoretischen Termen durch Postulate im Rahmen der mathematischen Logik exakt zu beschreiben. (shrink)

Online trading invariably involves dealings between strangers, so it is important for one party to be able to judge objectively the trustworthiness of the other. In such a setting, the decision to trust a user may sensibly be based on that user’s past behaviour. We introduce a specification language based on linear temporal logic for expressing a policy for categorising the behaviour patterns of a user depending on its transaction history. We also present an algorithm for checking whether the transaction (...) history obeys the stated policy. To be useful in a real setting, such a language should allow one to express realistic policies which may involve parameter quantification and quantitative or statistical patterns. We introduce several extensions of linear temporal logic to cater for such needs: a restricted form of universal and existential quantification; arbitrary computable functions and relations in the term language; and a “counting” quantifier for counting how many times a formula holds in the past. We then show that model checking a transaction history against a policy, which we call the history-based transaction monitoring problem, is PSPACE-complete in the size of the policy formula and the length of the history, assuming that the underlying interpreted func-. (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 European Court of Justice’s recent ruling that the new techniques for crop development are to be considered as genetically modified organisms under the European Union’s regulations exacerbates the need for a critical evaluation of those regulations. The paper analyzes the regulation from the perspective of moral and political philosophy. It considers whether influential arguments for restrictions of genetically modified organisms provide cogent justifications for the policies that are in place, in particular a pre-release authorization requirement, mandatory labelling, and de (...) facto bans (in the form of withholding or opting out of authorizations). It is argued that arguments pertaining to risk can justify some form of pre-release authorization scheme, although not necessarily the current one, but that neither de facto bans nor mandatory labelling can be justified by reference to common arguments concerning naturalness, agricultural policy (in particular the promotion of organic farming), socio-economic effects, or consumers’ right to choose. (shrink)

Die Untersuchung von Strukturen des Exemplarischen ist in den letzten Jahren vermehrt in den Fokus geisteswissenschaftlicher Forschung gerückt. Der Band beleuchtet in systematischer und historischer Perspektive Funktionen der Verwendung von Bildern als Beispielen, Illustrationen und Exempla. Im Mittelpunkt des Buches steht die Frage, wie Bilder in epistemologische, kunsttheoretische und philosophische Diskurse eingebunden sind. Die grundlegende Annahme lautet: Der theoretische Umgang mit Bildern gehorcht einer Logik des Exemplarischen, welche die Allgemeinheit der Argumente an die konkrete Gegebenheit eines Anschaulichen bindet. 'Logik' wird (...) dabei in einem weiten, inklusiven Sinn verstanden, der die lange Tradition der Rhetorik, aber auch Kants Überlegungen zum reflexiven ästhetischen Urteil und die psychoanalytische Analyse des singulären Falls umfasst. (shrink)

Among those in question, Aristotle 6 and the Peripatetics, the Stoics and also the Epicureans,7 were the main opponents 8 to For a good account of the...

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

A curious feature of Belnap’s “useful four-valued logic”, also known as first-degree entailment (FDE), is that the overdetermined value B (both true and false) is treated as a designated value. Although there are good theoretical reasons for this, it seems prima facie more plausible to have only one of the four values designated, namely T (exactly true). This paper follows this route and investigates the resulting logic, which we call Exactly True Logic.

We aim to devise a Ramsey test analysis of actual causation. Our method is to define a strengthened Ramsey test for causal models. Unlike the accounts of Halpern and Pearl ([2005]) and Halpern ([2015]), the resulting analysis deals satisfactorily with both over- determination and conjunctive scenarios.

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 my thesis, I examine the role of character friendship for the agent’s moral development in Aristotle’s ethics. I contend that we should divide character friendship in two categories: a) character friendship between completely virtuous agents, and, b) character friendship between unequally developed, or, equally developed, yet not completely virtuous agents. Regarding the first category, I argue that this highest form of friendship provides the opportunity for the agent to advance his understanding of certain virtues through the help of his (...) virtuous friend. This process can be expressed in two ways. In the first way, I take character friendship in (a) as a relationship that is based on mutual relinquishing of opportunities for action or giving up external goods based on each agent’s needs. This process helps the agents develop their character in certain virtues which have remained slightly underdeveloped than others due to nature (NE 1144b4-7), or development (Politics 1329a9ff). This means, for instance, that if agent A is wealthy and his friend B is a middle class worker and they win the lottery together, A will relinquish his share of money to his friend so that he will be able to practice the virtue of magnificence; a virtue that his previous financial condition prevented him from developing appropriately. The second process is rather different and new in scholarly debate concerning Aristotle’s theory of moral development. I suggest that the completely virtuous agent is able to further develop his character through a process I will describe as interpretative mimesis. In this process, the agent receives the form of his friend’s action and is able to apply this pattern of behavior in a situation that he thinks is appropriate. I have to highlight though the fact that he does not just ape his friend’s action. Instead, he interprets the action based on his skills and abilities and the demands of the situations he faces. Thus, this pattern works as an extra epistemological tool in the agent’s hand in new and challenging moral situations. Now, case (b) comes on the opposite side of the majority of scholars’ view on character friendship. They think that Aristotle reserves character friendship only for completely virtuous agents. I argue that this is not the correct approach, and that less than completely virtuous agents can take part in character friendships as well. This view has the advantage of making character friendship in (b) a tool in Aristotle’s hands for his agents of lower moral level to develop their understanding of virtue and its applications. I propose that the route of moral development in case (b) resembles the one in the second process of case (a). Namely, the agent receives the form of his friend’s action and uses it as a pattern in some new situation he has to face. I will not name the process though as “interpretative” or any kind of mimesis. The reason for this is that Aristotle gives us textual evidence (NE 1172a9-14) for an imitative method of moral development only for the second process of case (a). I will take case (b) then as a pattern guide application of my friend’s action which we could call pre-interpretative mimesis period of the agent’s moral development. If my arguments are correct then character friendship is much more valuable than scholars thought. Our friends turn out to be examples of good action who guide us through the sweaty and painful path that is called virtue. And this path never stops; even if we have become “moral heroes”; or, put it differently, “masters” of practical wisdom. (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)

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)

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)

Resentment, voiced in words, turns into a curse. Curses appeal to a superior power that is meant to execute them – God. But if God were God, he would have better things to do than to execute resenters’ curses, and if he were less than God, he could not execute them. Hence those who curse are led, in the end, to curse God, too – and once again in vain.

There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space. Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense (...) that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the _lawscape_, as the tautology between law and space, and the concept of _atmosphere_ in its geological, political, aesthetic, legal and biological dimension. Written by a leading theorist in the area, _Spatial Justice: Body, Lawscape, Atmosphere_ forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues. (shrink)

I show that there are good reasons to think that some individuals without any capacity for consciousness should be counted as welfare subjects, assuming that desire-fulfilment is a welfare good and that any individuals who can accrue welfare goods are welfare subjects. While other philosophers have argued for similar conclusions, I show that they have done so by relying on a simplistic understanding of the desire-fulfilment theory. My argument is intended to be sensitive to the complexities and nuances of contemporary (...) developments of the theory, while avoiding highly counter-intuitive implications of previous arguments for the same conclusion. (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)

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)

Ancient mythology related music to pain in a twofold way. Pain is the punishment inflicted for producing inferior music: the fate of Marsyas; music is sublimation of pain: the achievement of Orpheus and of Philomela. Both aspects have played defining roles in Western musical culture. Pain’s natural expression is the scream. To be present in music at all, pain needs to be transformed. So even where music expresses pain, at the same time it appeases that very pain. Unlike the scream, (...) musical dissonance is articulate. While pain’s presence in music has to be mediated and in a way remote, it can be more differentiated than any immediate natural expression of it. Pain itself offers no structure to those who are overcome by it; rather it tends to disintegrate their lives. Music, on the other hand, is audible order in time. Such order may thus appear to be merely imposed on pain; yet it can also reveal something about pain by way of contextualizing it. (shrink)