At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of scholarship rather than politics. Notwithstanding its unwieldy name, the text is nothing less than the draft of the central components of a European Civil Code. The following article aims (...) to inform the reader about this potentially important document and to initiate further academic debate about it. Following an overview of the genesis and content of the DCFR (Part 1), the discussion focuses on whether, and to what extent, it is based upon consistent and convincing core aims and values (Part 2). The article then proceeds to address, more specifically, the significance of private autonomy, and it examines the extent to which the proposed rules satisfy the requirements of legal certainty and legal clarity (Part 3). Thereafter, the DCFR is measured against the criteria of internal consistency and systematic integrity (Part 4). Also (Part 5) the question is asked whether the Draft critically reflects and convincingly integrates the sources on which it is based (that is the Lando Commission's Principles of European Contract Law and the Acquis Principles, as well as the private law traditions of the Member States). Also deserving of attention is the inclusion of more than 120 definitions of central concepts of private law, which are not to be found in this form or level of detail in either the Lando Principles or the national private laws (Part 6). (shrink)

_Erratum zu:_ _Ethik Med 2017_ https://doi.org/10.1007/s00481-017-0464-6 Im Tagungsbericht „Die klinische Translation humaner induzierter pluripotenter Stammzellen. Eine Stakeholder-Konferenz zur Evaluation innovativer Risikoforschung“ wurden einige Aussagen aus Herrn Wolfram-Hubertus Zimmermanns Vortrag.

The basic theory of scientific understanding presented in Sections 1–2 exploits three main ideas.First, that to understand a phenomenonP (for a given agent) is to be able to fitP into the cognitive background corpusC (of the agent).Second, that to fitP intoC is to connectP with parts ofC (via arguments in a very broad sense) such that the unification ofC increases.Third, that the cognitive changes involved in unification can be treated as sequences of shifts of phenomena inC. How the theory fits (...) typical examples of understanding and how it excludes spurious unifications is explained in detail. Section 3 gives a formal description of the structure of cognitive corpuses which contain descriptive as well as inferential components. The theory of unification is then refined in the light of so called puzzling phenomena, to enable important distinctions, such as that between consonant and dissonant understanding. In Section 4, the refined theory is applied to several examples, among them a case study of the development of the atomic model. The final part contains a classification of kinds of understanding and a discussion of the relation between understanding and explanation. (shrink)

This paper supplements an earlier one (Wassermann 1978b). Its views aim to reinforce those of Lewontin and other prominent evolutionists, but differ significantly from the opinions of some philosophers of science, notably Popper (1957) and Olding (1978). A basic distinction is made between 'laws' and 'theories of mechanisms'. The 'Theory of Evolution' is not characterized by laws, but is viewed here as a hypertheory which explains classifiable evolutionary phenomena in terms of subordinate classifiable theories of 'evolution-specific mechanisms' (ESMs), each of (...) which could apply to a host of species. Adaptations could result from ESMs that are rooted in molecular complementarities. The status of optimization theories that aim to predict best adapted states of organisms or populations is also discussed. (shrink)

Many of the things we do, we do together with other people. Think of carpooling and playing tennis. In the past two or three decades it has become increasingly popular to analyze such collective actions in terms of collective intentions. This volume brings together ten new philosophical essays that address issues such as how individuals succeed in maintaining coordination throughout the performance of a collective action, whether groups can actually believe propositions or whether they merely accept them, and what kind (...) of evidence, if any, disciplines such as cognitive science and semantics provide in support of irreducibly collective states.The theories of the Big Four of collective intentionality -- Michael Bratman, Raimo Tuomela, John Searle, and Margaret Gilbert -- and the Big Five of Social Ontology -- which in addition to the Big Four includes Philip Pettit -- play a central role in almost all of these essays. Drawing on insights from a wide range of disciplines including dynamical systems theory, economics, and psychology, the contributors develop existing theories, criticize them, or provide alternatives to them.Several essays challenge the idea that there is a straightforward dichotomy between individual and collective level rationality, and explore the interplay between these levels in order to shed new light on the alleged discontinuities between them. These contributions make abundantly clear that it is no longer an option simply to juxtapose analyses of individual and collective level phenomena and maintain that there is a discrepancy. Some go as far as arguing that on closer inspection the alleged discontinuities dissolve. (shrink)

The volume contains the written versions of all papers given at the workshop, divided into five chapters and followed by Alvin Goldman's replies in the sixth.

In this paper first order theories for nonmonotone inductive definitions are introduced, and a proof-theoretic analysis for such theories based on combined operator forms a la Richter with recursively inaccessible and Mahlo closure ordinals is given.

A new approach to Hume's problem of induction that justifies the optimality of induction at the level of meta-induction. Hume's problem of justifying induction has been among epistemology's greatest challenges for centuries. In this book, Gerhard Schurz proposes a new approach to Hume's problem. Acknowledging the force of Hume's arguments against the possibility of a noncircular justification of the reliability of induction, Schurz demonstrates instead the possibility of a noncircular justification of the optimality of induction, or, more precisely, of (...) meta-induction (the application of induction to competing prediction models). Drawing on discoveries in computational learning theory, Schurz demonstrates that a regret-based learning strategy, attractivity-weighted meta-induction, is predictively optimal in all possible worlds among all prediction methods accessible to the epistemic agent. Moreover, the a priori justification of meta-induction generates a noncircular a posteriori justification of object induction. Taken together, these two results provide a noncircular solution to Hume's problem. Schurz discusses the philosophical debate on the problem of induction, addressing all major attempts at a solution to Hume's problem and describing their shortcomings; presents a series of theorems, accompanied by a description of computer simulations illustrating the content of these theorems (with proofs presented in a mathematical appendix); and defends, refines, and applies core insights regarding the optimality of meta-induction, explaining applications in neighboring disciplines including forecasting sciences, cognitive science, social epistemology, and generalized evolution theory. Finally, Schurz generalizes the method of optimality-based justification to a new strategy of justification in epistemology, arguing that optimality justifications can avoid the problems of justificatory circularity and regress. (shrink)

Originally presented as the author's thesis (doctoral)--Universitèat Tèubingen, 1993.

Publications of Austrian philosophers of science.

In this paper a generalized account of relevance as difference-making is developed. It is argued that relevance should not be considered as a particular relation, but as a (higher-order) property of instances of arbitrary relations: namely the property that variations of the relata of the relation instance make a difference for its truth. This generalized account of relevance can be fruitfully applied in many domains, such as (i) logical reasoning with applications to explanation, confirmation, verisimilitude, is-ought inference, (ii) probabilistic reasoning (...) with applications to explanation and confirmation, (iii) nomological and causal implication, (iv) communication, (v) grounding and (vi) essentiality. In conclusion, difference-making relevance is a highly unifying and fruitful philosophical concept. (shrink)

Tacking by conjunction is a well-known problem for Bayesian confirmation theory. In the first section, disadvantages of existing Bayesian solution proposals to this problem are pointed out and an alternative solution proposal is presented: that of genuine confirmation. In the second section, the notion of GC is briefly recapitulated and three versions of GC are distinguished: full GC, partial GC and quantitative GC. In the third section, the application of partial GC to pure post-facto speculations is explained. In the fourth (...) section it is demonstrated that full GC is a necessary condition for Bayesian convergence to certainty based on the accumulation of conditionally independent pieces of evidence. It is found that whenever a hypothesis is equivalent to a disjunction of more fine-grained hypotheses conveying different probabilities to the evidence, then conditional independence of the evidence fails. This failure occurs typically for unspecific negations of hypotheses. A refined version of the convergence to certainty theorem that overcomes this difficulty is developed in the final section. (shrink)

Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal (...) act X (the ‘desert basis’) and a fitting sanction Y is insufficiently direct in such cases. I define a new, much narrower account of the kind of criminal wrongdoing which is a more plausible desert basis for disenfranchisement: ‘political wrongdoing’, such as electioneering, corruption, or conspiracy with foreign powers. I conclude that widespread blanket and post-incarceration disenfranchisement policies are overinclusive, because they disenfranchise persons guilty of serious, but non-political, criminal wrongdoing. While such overinclusiveness is objectionable in any context, it is particularly objectionable in circumstances in which it has additional large-scale collateral consequences, for instance by perpetuating existing structures of racial injustice. At the same time, current policies are underinclusive, thus hindering the aim of holding political wrongdoers accountable. (shrink)