Human dignity defines the foundation of mutual respect between persons in the law. In German constitutional law it defends a realm of individual freedom and inviolable protection against the interests of the collective. Dignity as a legal concept is not a good to be balanced or weighed against other goods, but a prohibition norm, not a reason but a constraint, thus guaranteeing a non-consequentialist and especially a non-utilitarian understanding of basic rights.

Definition of the problem. Voluntary active euthanasia is, in certain circumstances, morally permissible and should be permitted by law. Autonomous persons may have a fundamental interest in experiencing ”death in dignity” in accordance with their own preferences. This interest is protected by the concept of human dignity assumed by German law. Some prerequisites being met, the moral and legal autonomy right to determine the time and manner of one’s own death includes a right to secure active euthanasia from a willing (...) physician, and a physician’s acceding to the patient’s request be may morally the right thing to do. Arguments and conclusion: Most arguments against the justifiability of voluntary active euthanasia unveil their weakness when scrutinized. However, insofar as legalized voluntary active euthanasia would be subject to intolerable abuse, our policy options are dilemmatic, and the concept of human dignity as it has been taken for granted in German legal discourse, is questioned. There is no option other than seeking safety in legal procedures for every single case. (shrink)

During the last two decades a broad and intensive discussion has taken place in the field of medical ethics. Especially in the English-speaking countries, “Biomedical Ethics” have developed as a part of secular, philosophical moral theory. Two ethical problems in organ transplantation – living organ donation and organ allocation – illustrate that this transition reflects both the complex ethical questions raised by rapid changes in the biological sciences and in health care, and the fact that traditional Hippocratic ethics have proven (...) to be inadequate in several respects. (shrink)

The notion of human dignity fulfils different normative functions, making demands on heterogeneous resources for justification. After a short summary of Kant’s concept of dignity and its meta-ethica/ content which defines “Kantianism”, we will deal with three problematic aspects of the Kantian concept of dignity and provide a sketch of its reception in the German Constitution. Then we will present an ascriptivistic concept as an alternative to the Kantian one and discuss its limitations.

Medical law and Biopolitics shed specific light on the relationship of subject and power/violence in legal contexts. For our species, medicine is an essential endeavour vis-à-vis nature which is „red in tooth and claw“. Medicine, however, is driven by autopoietic systemic imperatives and marked by relations of domination. Guaranteeing robust individual rights and legal powers is a remedy against both.

Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic differentiation of (...) soft and hard paternalism by discussing the (legal) concept of autonomy and elaborates the moral and legal limits of autonomy-orientated paternalism. (shrink)

Dealing with the reform of the Transplantation Law, the first issue of the new rubric “Philosophie aktuell” met with strong and lively interest from our readers. Subsequent to this discussion a growing number of reports were published dealing with violations of mandatory rules of conduct in transplantation medicine. Therefore the topic is revisited here from the slightly different vantage point “organ transplantation II: elucidation and confidence”.

Service-Robotic—mainly defined as “non-industrial robotics”—is identified as the next economical success story to be expected after robots have been ubiquitously implemented into industrial production lines. Under the heading of service-robotic, we found a widespread area of applications reaching from robotics in agriculture and in the public transportation system to service robots applied in private homes. We propose for our interdisciplinary perspective of technology assessment to take the human user/worker as common focus. In some cases, the user/worker is the effective subject (...) acting by means of and in cooperation with a service robot; in other cases, the user/worker might become a pure object of the respective robotic system, for example, as a patient in a hospital. In this paper, we present a comprehensive interdisciplinary framework, which allows us to scrutinize some of the most relevant applications of service robotics; we propose to combine technical, economical, legal, philosophical/ethical, and psychological perspectives in order to design a thorough and comprehensive expert-based technology assessment. This allows us to understand the potentials as well as the limits and even the threats connected with the ongoing and the planned implementation of service robots into human lifeworld—particularly of those technical systems displaying increasing grades of autonomy. (shrink)

Aus dem Inhalt: Epistemologie und Wissenschaftstheorie. Der metatheoretische Rahmen. Begründungsstrategien. Kohärenz. Einwände gegen eine Kohärenztheorie der Rechtfertigung. Metarechtfertigung. Wissenschaftliche Theorien. Wissenschaftliche Erklärungen. Erklärung als Vereinheitlichung.

Does the viability of the discovery program depend on showing either (1) that methods of generating new problem solutions, per se, have special probative weight (the per se thesis); or, (2) that the original conception of an idea is logically continuous with its justification (anti-divorce thesis)? Many writers have identified these as the key issues of the discovery debate. McLaughlin, Pera, and others recently have defended the discovery program by attacking the divorce thesis, while Laudan has attacked the discovery program (...) by rejecting the per se thesis. This disagreement over the central issue has led to communication breakdown. I contend that both friends and foes of discovery mistake the central issues. Recognizing a form of divorce helps rather than hurts the discovery program. However, the per se thesis is not essential to the program (nor is the related debate over novel prediction); hence, the status of the per se thesis is a side issue. With these clarifications in hand, we can proceed to the next stage of the discovery debate--the development (or revival) of a generative conception of justification which goes beyond consequentialism to forge a strong linkage of generation (or rather, generatability) with justification. (shrink)

One important aspect of globalization is the increasingly dense and influential regime of global rules that govern and shape interactions everywhere. Covering trade, investment, loans, patents, copyrights, trademarks, labor standards, environmental protection, use of seabed resources, production and marketing of weapons, maintenance of public security, and much else, these rules—structuring and enabling, permitting and constraining—have a profound impact on the lives of human beings and on the ecology of our planet. It is therefore important to think carefully, in moral terms, (...) about their design. (shrink)

Feeling moved or touched can be accompanied by tears, goosebumps, and sensations of warmth in the centre of the chest. The experience has been described frequently, but psychological science knows little about it. We propose that labelling one’s feeling as being moved or touched is a component of a social-relational emotion that we term kama muta. We hypothesise that it is caused by appraising an intensification of communal sharing relations. Here, we test this by investigating people’s moment-to-moment reports of feeling (...) moved and touched while watching six short videos. We compare these to six other sets of participants’ moment-to-moment responses watching the same videos: respectively, judgements of closeness, reports of weeping, goosebumps, warmth in the centre of the chest, happiness, and sadness. Our eighth time series is expert ratings of communal sharing. Time series analyses show strong and consistent cross-correlations of feeling moved and touched and closeness with each other and with each of the three physiological variables and expert-rated communal sharing – but distinctiveness from happiness and sadness. These results support our model. (shrink)

by Victor Farías, translated from Spanish and German into French by Myriam Benarroch and Jean-Baptiste Grasset, preface by Christian Jambet. Editions Verdier, 332 pp., Fr125 (paper).

As a way to address both ominous and ordinary threats of artificial intelligence, researchers have started proposing ways to stop an AI system before it has a chance to escape outside control and cause harm. A so-called “big red button” would enable human operators to interrupt or divert a system while preventing the system from learning that such an intervention is a threat. Though an emergency button for AI seems to make intuitive sense, that approach ultimately concentrates on the point (...) when a system has already “gone rogue” and seeks to obstruct interference. A better approach would be to make ongoing self-evaluation and testing an integral part of a system’s operation, diagnose how the system is in error and to prevent chaos and risk before they start. In this paper, we describe the demands that recent big red button proposals have not addressed, and we offer a preliminary model of an approach that could better meet them. We argue for an ethical core that consists of a scenario-generation mechanism and a simulation environment that are used to test a system’s decisions in simulated worlds, rather than the real world. This EC would be kept opaque to the system itself: through careful design of memory and the character of the scenario, the system’s algorithms would be prevented from learning about its operation and its function, and ultimately its presence. By monitoring and checking for deviant behavior, we conclude, a continual testing approach will be far more effective, responsive, and vigilant toward a system’s learning and action in the world than an emergency button which one might not get to push in time. (shrink)

This chapter contains sections titled: I II Bibliography.

This volume contains selected essays in moral and political philosophy by Thomas Hurka. The essays address a wide variety of topics, from the well-rounded life and the value of playing games to proportionality in war and the ethics of nationalism. They also share a common aim: to illuminate the surprising richness and subtlety of our everyday moral thought by revealing its underlying structure, which they often do by representing that structure on graphs. More specifically, the essays all give what (...) the first in the volume calls "structural" as against "foundational" analyses of moral views. Eschewing the grander ambition of grounding our ideas about, say, virtue or desert in claims that use different concepts and concern some other, allegedly more fundamental topic, they examine these ideas in their own right and with close attention to their details. As well as illuminating their individual topics, the essays illustrate the insights this structural method can yield. (shrink)

This special issue on general proof theory collects papers resulting from the conference on general proof theory held in November 2015 in Tübingen.

The paper aims to put certain basic mathematical elements and operations into an empirical perspective, evaluate the empirical status of various analytic operations widely used within psychology and suggest alternatives to procedures criticized as inadequate. Experimentation shows the "manyness" of items to be a perceptual quality for both young children and animals and that natural operations are performed by naive children analogous to those performed by persons tutored in arithmetic. Number, counting, arithmetic operations therefore can make distinctions that are not (...) inevitably arbitrary, and conceptual operations can obviously have a status as natural events with psychology. If the elements and conceptual operations involved in mathematical systems were not inherent in physiological process, various primitive discriminations could not be possible. Also, since some calculi have a natural status in a given empirical circumstance, the axioms of others can not be satisfied. Therefore the psychologist when acting as an empirical scientist seeks a calculus having a structure whose elements are isomorphic with natural units of stimulus and response and whose operations are isomorphic with whatever natural processes are involved. Measurement poses a special problem for the empirical scientist. It concerns but a single class of natural qualities and this only in a limited way. The concept of quantity has a natural counterpart but quantity and measurement are not wholly analogous. Measurement is defined, as H. S. Leonard suggests, as a theoretical activity. Measurement theory has a formal structure but empirical end. Measurement hypothesizes about the position of a particular quality within a definite range of qualities. It therefore is beholden to definite empirical restrictions. Some hypotheses-making systems use terms and relations per se as the context and starting point for dealing with discriminable events. Such procedures are 'transcendent." In empirical science, questions are part of problem-solving activity and their reference is naturally restricted. In providing description and explanation, psychological researchers frequently use calculi in a transcendent way. This results in theories that are only quasi-empirical and "half" true. The roles measurement plays in psychology are discussed. Of particular concern are those cases in which the results of measuring or a theory of measurement are used to define the "real" units, or the "real" relations involved in problematic psychological events, and thence to describe and explain behaviors of interest. Metaphysical or ontological usages of measurement sometimes occur. The implication of these arguments with regard to a view of empirical science is discussed. (shrink)

While Wittgenstein’s work has been extensively investigated in relation to many other important and influential philosophers, there is very little scholarly work that positively investigates the relationship between the work of Wittgenstein and Wilhelm Dilthey. To the contrary, some commentators like Hacker (2001a) suggest that Dilthey’s work (and that of other hermeneuticists) simply pales or is obsolete in comparison to Wittgenstein’s own insights. Against such assessments, this article posits that Wittgenstein’s and Dilthey’s thought most crucially intersects at the related topics (...) of scientism on the one hand and scientific and philosophical method on the other. In reconstructing Dilthey’s conceptions of understanding versus explaining and central points of Wittgenstein’s Remarks on Frazer’s Golden Bough, it becomes apparent that they share a staunch rejection of scientism and use the notion of understanding as a means to prevent methodologies from the natural sciences encroaching onto the human sciences (in Dilthey’s case) and philosophy (in Wittgenstein’s case). Notwithstanding a number of central ways in which these thinkers differ, this article closes by suggesting that there is some evidence according to which Wittgenstein, like Dilthey, can reasonably be understood as championing some central tenets of the hermeneutical tradition. (shrink)

The Association of American Medical Colleges (AAMC) is urging academic medical centers to ban pharmaceutical detailing. This policy followed from a consideration of behavioral and neuroeconomics research. I argue that this research did not warrant the conclusions drawn from it. Pharmaceutical detailing carries risks of cognitive error for physicians, as do other forms of information exchange. Physicians may overcome such risks; those determined to do so may ethically engage in pharmaceutical detailing. Whether or not they should do so is a (...) prudential judgment about which reasonable people may disagree. The AAMC's ethical condemnation of detailing is unwarranted and will subvert efforts to maintain a realm of physician discretion in clinical work that is increasingly threatened in our present practice environment. (shrink)

We propose strategic games wherein the strategies consist of players asking each other questions and answering those questions. We study simplifications of such games wherein two players simultaneously ask each other a question that the opponent is then obliged to answer. The motivation for our research is to model conversation including the dynamics of questions and answers, to provide new links between game theory and dynamic logics of information, and to exploit the dynamic/strategic structure that, we think, lies implicitly inside (...) epistemic models for epistemic languages, and to make that structure an explicit subject of logical study. Our main contributions are: the notion of a two-person question-answer game with information goals, the existence and computation of equilibria for these games, the correspondence with Bayesian games and their equilibria, and a connection between logic and game theory namely the existence of equilibria for positive goal formulae. (shrink)

Contemporary epistemologists typically define a priori justification as justification that is independent of sense experience. However, sense experience plays at least some role in the production of many paradigm cases of a priori justified belief. This raises the question of when experience is epistemically relevant to the justificatory status of the belief that is based on it. In this paper, I will outline the answers that can be given by the two currently dominant accounts of justification, i.e. evidentialism and reliabilism. (...) While for the evidentialist, experience is epistemically relevant only if it is used as evidence, the reliabilist requires that the reliability of the relevant process depends on the reliability of experiential processes. I will argue that the reliabilist account accommodates our pre-theoretic classifications much better. In the final part of my paper I will use the reliabilist criterion to defend the a priori—a posteriori distinction against recent challenges by Hawthorne and Williamson. (shrink)

Thomas C. Vinci argues that Kant's Deductions demonstrate Kant's idealist doctrines and have the structure of an inference to the best explanation for correlated domains. With the Deduction of the Categories the correlated domains are intellectual conditions and non-geometrical laws of the empirical world. With the Deduction of the Concepts of Space, the correlated domains are the geometry of pure objects of intuition and the geometry of empirical objects.

The idea that it is acceptable to ‘nudge’ people to opt for the ‘healthy choice’ is gaining currency in health care policy circles. This article investigates whether researchers evaluating Abdominal Aortic Aneurysm Screening Programmes (AAASP) attempt to influence decision makers in ways that are similar to popular ‘nudging’ techniques. Comparing two papers on the health economics of AAASP both published in the BMJ within the last 3 years, it is shown that the values chosen for the health economics modelling are (...) not representative of the literature and consistently favour the conclusions of the articles. It is argued (1) that this and other features of these articles may be justified within a Libertarian Paternalist framework as ‘nudging’ like ways of influencing decision makers, but also (2) that these ways of influencing decision makers raise significant ethical issues in the context of democratic decision making. (shrink)

In diesem Artikel wird argumentiert, dass die Philosophie nicht über passende Methoden verfügt, reale politische Probleme angemessen zu analysieren. So sind die tatsächlich vorzufindenden Empfehlungen zur Lösung solcher Fragen meist trivial oder unterkomplex. Es wird geraten, zuerst geeignete Instrumentarien der angewandten bzw. konkreten Ethik zu entwickeln, bevor sich PhilosophInnen zu solch komplexen Fragen wie die der Flüchtlingspolitik äußern.

Der moderne Rechtsstaat beansprucht, seine Bürger unterschiedslos als freie und gleiche Personen zu behandeln. Aufgrund dieses allgemeinen Anspruchs sind von der Legitimation staatlicher Normen partikulare ethische Konzeptionen ebenso ausgeschlossen wie Willkür und Privilegium. Eine besondere Frage entsteht aber im Verhältnis zu den großen Religionen, die einerseits selbst mit universalen Geltungsansprüchen auftreten, andererseits als Offenbarungsreligionen durch ihre Geschichtlichkeit aber auch partikular sind. Aus dem Verhältnis von Politik und Religion vor dem Hintergrund moderner Rechtsstaatlichkeit ergeben sich eine Reihe von philosophisch-historischen sowie von (...) rechtssystematischen Problemen, die in diesem Band von Philosophen und Rechtswissenschaftlern eingehend erörtert und diskutiert werden. Dabei wird, ausgehend von der je eigenen Fachperspektive, eine interdisziplinäre Diskussion eröffnet. Mit Beiträgen von:Michael Anderheiden, Reinhard Brandt, Maximilian Forschner, Thomas Gutmann, Walter Jaeschke, Bernhard Jakl, Günther Mensching, Frank Saliger, Kurt Seelmann, Ludwig Siep, Michael Städtler, Christian Walter. (shrink)

English summary: The validity of human rights is today internationally recognised across nations and cultures. The question as to whether and how their validity can be justified is - on the other hand - a bone of contention. Is this based on legal positivism alone? Or can human rights be understood as moral rights amenable to a kind of justification capable of convincing the skeptic? If so, can such arguments be derived from the tradition of natural law or be defended (...) by means of the laws of reason? Does this require anthropological or metaphysical assumptions - or do discourse-theoretical premises suffice? This volume, which specifically latches onto the traditions of legal positivism, natural and rational law, systematically juxtaposes these questions in a bid for reconciliation. German description: Die Geltung von Menschenrechten ist heute international und kulturubergreifend anerkannt. Die Frage, ob und wie sich ihre Geltung begrunden lassen kann, ist dagegen umstritten: Beruht ihre Geltung lediglich auf positivem Recht? Oder kann man Menschenrechte als moralische Rechte verstehen, die einer Art von Begrundung zuganglich sind, die auch den Skeptiker uberzeugen kann? Wenn ja, lassen sich solche Argumente aus der naturrechtlichen Tradition gewinnen oder mit Mitteln des modernen Vernunftrechts verteidigen? Muss dabei auf anthropologische oder metaphysische Annahmen rekurriert werden, oder reichen diskurstheoretische Pramissen aus? Der Band knupft gezielt an die Traditionen des Rechtspositivismus, des Naturrechts und des Vernunftrechts an, stellt systematische Positionen zu diesen Fragen einander gegenuber und sucht, sie miteinander zu vermitteln. Mit Beitragen von: Arno Anzenbacher, Franz-Josef Bormann, Adela Cortina, Thomas Gutmann, Matthias Hoesch, Stefan Kadelbach, Sebastian Laukotter, Georg Lohmann, Georg Mohr, Florian Rodl, Oliver Sensen, Margit Wasmaier-Sailer, Fabian Wittreck. (shrink)

An overview of the life and works of John Duns Scotus (now largely out of date, thanks to the progress of various editions).