The law is an extremely complex phenomenon. It is very difficult to determine it precisely as the complete comprehension and ultimate definition of the law are beyond human capabilities. Also, the law never coincides with its concept, nor does the concept of the law coincide with its definition. This fact shows that the real human capabilities for the comprehension, determination and definition of the law are very limited and the limits are unreliable. The concept of the law is relative as (...) well, which is why all the definitions of the law are also relative. The concept and the definition of the law are also relative because they are of necessity subjective. It is for this reason that they are never truthful. However, even when they are not truthful, they are always useful. Because of these essential cognitive shortcomings and limitations, the law is determined and defined realistically – in a conventional and operative manner – whenever it is possible to do so. Additional difficulties are created by the fact that the number of conventional concepts and definitions of the law is almost limitless. Fortunately, only a number of them, considered operative, are used in the law. And all this because of a possible usefulness. Should the law be useful, then its realistic concept can be determined by the establishment of its common characteristics. On the basis of having at its disposal the mentioned common characteristics, the concept of the law can be operationally determined in both the expanded sense and the restricted sense. Also, it is possible to tell the difference between the three main layers in the concept of the law: complete , incomplete and unfinished law. Obviously, the realistically determined concept of the law is not one-sided, nor is it monolithic, but complex, detailed and as a whole composed of layers of different degrees of being legal. They are used to finely tune the ordering of the relationships between different importance and the degree of the conflict and, which is also important, to legally regulate even those social areas that would otherwise be exclusively regulated with the state or with the social norms. Otherwise, even the Ten Commandments alone would be insufficient to regulate all human relationships. However, the law did not come into being out of leisure time, but out of dire human need to protect the society from self-destruction. Contrary to the realistic concept of the law, there also exist its idealistic, idealized and ideal concepts. However, the idealistic concept of the law is inoperative, the idealized concept of the law is not correct, while the ideal concept of the law is out of human reach.Das Recht stellt ein immens vielfältiges Phänomen dar. Ihn präzise festzulegen entpuppt sich als unsäglich schwierig, denn eine lückenlose Erkenntnis sowie endgültige Definition des Rechts liegt jenseits des menschlichen Vermögens. Zudem geht weder das Recht mit dessen Begriff konform, noch tut es der Begriff des Rechts mit eigener Bestimmung. Dieser Tatbestand lässt durchblicken, die wahre menschliche Befähigung zum Erkennen, Determinieren sowie Definieren des Rechts sei höchst begrenzt, wobei sich ebendiese Schranken als unzuverlässig erzeigen. Die Notion des Rechts ist ebenso relativ, weswegen hiernach sämtliche Begriffsbestimmungen des Rechts relativ sind. Der Begriff einschließlich der Definition des Rechts ist auch aufgrund der ihnen notwendigerweise innewohnenden Subjektivität relativ. Aus diesem Grund sind sie niemals wahrheitsgetreu. Allerdings, auch wenn sie der Wahrheit nicht entsprechen, sind sie stets von Nützlichkeit. Wegen der angebrachten essenziellen erkenntnismäßigen Unzulänglichkeiten und Limitierungen wird das Recht realistisch bestimmt und definiert – in einer konventionellen bzw. operativen Manier – wann immer dies durchführbar ist. Zusätzliche Erschwernisse werden von der Tatsache geschaffen, dass die Zahl der gebräuchlichen Begriffe und Definitionen des Rechts schier unermesslich ist. Glücklicherweise werden lediglich etliche, als operativ angesehene, im Bereich von Recht eingesetzt. Und all dies der denkbaren Nützlichkeit halber. Sollte das Recht nützlich sein, dann lässt sich dessen realistischer Begriff per Gründung seiner gemeinsamen Wesenszüge festsetzen. Auf der Basis der vorhin angeschnittenen, ihm zu Gebote stehenden angehörigen Merkmale, kann der Begriff des Rechts operational determiniert werden, sowohl im erweiterten als auch im engeren Sinne. Ebenfalls ist der Unterschied erkennbar zwischen drei Hauptschichten in dem Begriff des Rechts: vollständiges Recht , unvollständiges Recht und unvollendetes Recht . Augenscheinlich ist der realistischerweise bestimmte Begriff des Rechts weder einseitig noch monolithisch, stattdessen ist er komplex, detailliert und als Ganzes aus Schichten von ungleichem Rechtlichkeitsgrad zusammengestellt. Man gebraucht sie zur Feinabstimmung der Beziehungsordnung zwischen der unterschiedlichen Wichtigkeit und dem Grad des Konflikts, und, was genauso Gewicht hat, um sogar jene Gesellschaftszonen rechtmäßig zu regeln, die anderenfalls ausschließlich seitens der staatlichen bzw. gesellschaftlichen Normen geregelt würden. Ansonsten würden selbst die Zehn Gebote nicht genügen, um menschliche Verhältnisse in ihrer Gänze zu ordnen. Jedoch ist das Recht nicht als Freizeitaktivität entstanden, sondern im Gegenteil als unentbehrliches menschliches Bedürfnis nach Bewahrung der Menschheit vor Selbstauflösung. Der realistischen Notion des Rechts entgegengesetzt existieren parallel dessen idealistische, idealisierte und ideale Begriffe. Dabei gilt der idealistische Begriff als inoperativ, der idealisierte als inkorrekt, während der ideale Begriff außerhalb der menschlichen Reichweite liegt. (shrink)

With the outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), global researchers were confronted with major challenges. The German National Pandemic Cohort Network (NAPKON) was launched in fall 2020 to effectively leverage resources and bundle research activities in the fight against the coronavirus disease 2019 (COVID-19) pandemic. We analyzed the setup phase of NAPKON as an example for multicenter studies in Germany, highlighting challenges and optimization potential in connecting 59 university and nonuniversity study sites. We examined the ethics application (...) process of 121 ethics submissions considering durations, annotations, and outcomes. Study site activation and recruitment processes were investigated and related to the incidence of SARS-CoV-2 infections. For all initial ethics applications, the median time to a positive ethics vote was less than two weeks and 30 of these study sites (65%) joined NAPKON within less than three weeks each. Electronic instead of postal ethics submission (9.5 days (Q1: 5.75, Q3: 17) vs. 14 days (Q1: 11, Q3: 26), p value = 0.01) and adoption of the primary ethics vote significantly accelerated the ethics application process. Each study center enrolled a median of 37 patients during the 14-month observation period, with large differences depending on the health sector. We found a positive correlation between recruitment performance and COVID-19 incidence as well as hospitalization incidence. Our analysis highlighted the challenges and opportunities of the federated system in Germany. Digital ethics application tools, adoption of a primary ethics vote and standardized formal requirements lead to harmonized and thus faster study initiation processes during a pandemic. (shrink)

With the increasing prevalence of artificial intelligence (AI) and other digital technologies in healthcare, the ethical debate surrounding their adoption is becoming more prominent. Here I consider the issue of gaining informed patient consent to AI-enhanced care from the vantage point of the United Kingdom’s National Health Service setting. I build my discussion around two claims from the World Health Organization: that healthcare services should not be denied to individuals who refuse AI-enhanced care and that there is no precedence to (...) seeking patient consent to AI-enhanced care. I discus U.K. law relating to patient consent and the General Data Protection Regulation to show that current standards relating to patient consent are adequate for AI-enhanced care. I then suggest that in the future it may not be possible to guarantee patient access to non-AI-enhanced healthcare, in a similar way to how we do not offer patients manual alternatives to automated healthcare processes. Throughout my discussion I focus on the issues of patient choice and veracity in the patient–clinician relationship. Finally, I suggest that the best way to protect patients from potential harms associated with the introduction of AI to patient care is not via an overly burdensome patient consent process but via evaluation and regulation of AI technologies. (shrink)

Panpsychism is the view that all things are associated with consciousness. Panpsychism has a number of significant theoretical implications, with respect to the mind–body problem and other problems in metaphysics. Here I will consider one of its potential practical or ethical implications; specifically, whether, if panpsychism is true, it follows that “we are all one”, in a sense that implies that egoism (understood as bias towards what we normally take to constitute the self or ego) is not only immoral but (...) fundamentally irrational (or imprudent). (shrink)

This reply to an ongoing debate between conspiracy theory researchers from different disciplines exposes the conceptual confusions that underlie some of the disagreements in conspiracy theory research. Reconciling these conceptual confusions is important because conspiracy theories are a multidisciplinary topic and a profound understanding of them requires integrative insights from different fields. Specifically, we distinguish research focussing on conspiracy *theories* (and theorizing) from research of conspiracy *belief* (and mindset, theorists) and explain how particularism with regards to conspiracy theories does not (...) mean we cannot define a problematic subclass of conspiracy beliefs, while avoiding the problems of generalism. We hope this reply helps conspiracy theory researchers recognize the differences between studying conspiracy theories and conspiracy beliefs and appreciate the possibilities for fruitful, integrative, and interdisciplinary research. (shrink)

Research on conspiracy theories has proliferated since 2016, in part due to the US election of President Trump, the COVID-19 pandemic, and increasingly threatening environmental conditions. In the rush to publication given these concerning social consequences, researchers have increasingly treated as definitive a 2016 paper by Michael Wood (Political Psychology, 37(5), 695–705, 2016) that concludes that the phrase “conspiracy theory” has no negative effect upon people’s willingness to endorse a claim. We revisit Wood’s findings and its (re)uptake in the recent (...) literature. Is the label “conspiracy theory” a pejorative? If so, does it sway or affect people’s belief in specific claims of conspiracy (i.e. particular conspiracy theories), or is the effect one that concerns claims of conspiracy more generally (i.e. all conspiracy theories)? Through an examination of the conceptual and methodological scope of Wood’s work and the results of our similar quasi-experimental design, we argue that it is premature to suggest the label “conspiracy theory” has no impact on the believability of a claim, or that it has no rhetorical power. (shrink)

This article documents how a serial plagiarism case discovered over a decade ago continues to generate negative effects in the downstream research on medieval and early modern philosophy. The ongoing positive citation of the 40 plagiarizing articles and book chapters – including those retracted by their publishers – affects the reliability of later scholarship in several ways. The present state of affairs is the joint result of authors, editors, peer reviewers, and publishers who continue to allow (and in some cases, (...) support) the publication of new works across a variety of genres that contain positive citations to the 40 plagiarizing articles and book chapters. The problem shows no signs of abating; the plagiarizing articles and book chapters continue to acquire positive citations in new publications, including authoritative reference works. The breach of research standards is further shown by the fact that even a non-existent publication by the plagiarist continues to acquire positive citations. (shrink)

Authors who advocate historical anti-realism have often insisted that they do not claim that no past events happened or that the past did not happen. In this paper, I show that in spite of such protestations, the core arguments presented by Leon Goldstein, Paul Roth, Frank Ankersmit, and Jouni-Matti Kuukkanen preclude the possibility that the past or past events happened.

Considering whether existence, i.e., being, is a thing might seem like the height of aimless metaphysical chin stroking. However, the issue—specifically, whether existence is a quality—is significant, bearing on how reality, this all-encompassing totality, is. On one view, reality at large is ontologically fixed, the sum total of things does not (and cannot) vary; on another view, reality is ontologically transient, the sum total of things varies. I first show that if existence is a thing, that reality is ontologically fixed (...) follows. So I consider whether existence is indeed a thing. I demonstrate that “it” could not be: existence is no existent. I then discuss what it is to exist, given existence is nothing at all. I maintain there are no grounds for the view that reality is ontologically fixed. I argue, from the irrefragable basis of temporal differentiation—the world going from thus…to as so—that reality is ontologically transient. I consider some objections to ontological transience and conclude by considering the key to understanding the overall structure in reality and what it reveals about how very inconstant all this is. (shrink)

In his book, "Prejudice", Endre Begby offers a novel and engaging account of the epistemology of prejudice which challenges some of the standard assumptions that have so far guided the recent discussion on the topic. One of Begby's central arguments against the standard view of prejudice, according to which a prejudiced person necessarily displays an epistemically culpable resistance to counterevidence, is that, qua stereotype judgments, prejudices can be flexible and rationally maintained upon encountering many disconfirming instances. By expanding on Begby's (...) analysis, I argue that, given the variety of truth conditions for true generic statements, the generic form of stereotype judgements can sometimes make prejudice extremely resistant to encounters with statistical facts about the distribution of the property among members of a certain group. At the same time, I argue that a more careful consideration of the generic form of stereotypes also allows us to recognize that evidence about how many members of the kind instantiate a property is not the only type of evidence which could disconfirm a prejudice. Evidence of no explanatory relation between a kind and a property should also have a direct effect on a prejudicial belief. For this reason, things may not look as dim for the standard view of prejudice in assessing paradigmatic instances of prejudicial beliefs as irrationally resistant to evidence. (shrink)

As part of the SYNBIOSAFE project, we carried out an open electronic conference (e-conference), with the aim to stimulate an open debate on the societal issues of synthetic biology in a proactive way. The e-conference attracted 124 registered participants from 23 different countries and different professional backgrounds, who wrote 182 contributions in six different categories: (I) Ethics; (II) Safety; (III) Security; (IV) IPR; (V) Governance and regulation; (VI) and Public perception. In this paper we discuss the main arguments brought up (...) during the e-conference and provide our conclusions about how the community thinks, and thinks differently on the societal impact of synthetic biology. Finally we conclude that there is a chance for an open discourse on the societal issues of synthetic biology happening, and that the rules to govern such a discourse might be set up much easier and be respected more readily than many would suggest. (shrink)

In analogy with Planck’s construction of fundamental quantities in gravitation, we construct fundamental quantities associated with (1) theories of electrodynamics in which the electromagnetic field has a maximum value (e.g. Born-Infeld theory), and (2) the Fermi interaction. This gives us a maximum intensity of the electromagnetic field, and also reveals a close relationship between the fundamental lengths associated with the gravitational and weak interactions, supporting the connection between these two interactions.

M. Hakan Yavuz offers an insightful and wide-ranging study of the Gulen Movement, one of the most controversial developments in contemporary Islam. Founded in Turkey by the Muslim thinker Fethullah Gulen, the Gulen Movement aims to disseminate a ''moderate'' interpretation of Islam through faith-based education.

Self-criticism is a trait associated with increased psychopathology, but self-criticism is also a personality state reflecting an action that people do in moments of time. In the current study, we explored factors associated with heightened self-criticism in daily life. Participants (N = 197) received five random prompts per day for one week on their mobile phones, where they reported their current affect (negative and positive affect), willpower self-efficacy, distress intolerance, degree of support and criticism from others, current context (location, activity, (...) hunger, tiredness) and momentary self-criticism. We first demonstrated that self-criticism varies over time and across contexts, and is associated with heightened trait self-criticism. Then, using multilevel modelling, we explored the contextual factors associated with greater self-criticism. We found that self-criticism was higher when people were at home, and more tired. We also found higher self-criticism to be associated with greater negative and lower positive affect, greater distress intolerance, lower willpower and greater perceived criticism from others. In addition, self-criticism predicted subsequent distress intolerance, willpower and positive affect in lagged analyses. This study provides evidence that both environmental and psychological factors are associated with the dynamics of self-critical thoughts. (shrink)

In this article, I explore the legacy of Karl Marx in Michel Foucault’s thinking. Focusing on such concepts as accumulation and discipline, reproduction and biopolitics, truth regime and ideology, askesis and revolution, I suggest four models allowing a deeper understanding of their controversial relationship: complementarity, confrontation, rejection, and reconciliation. As such, this study aims to offer “minority reading” against the neoliberal takes on Foucault, while showing how much his “alliance” with Marx would be an asset for contemporary left struggles.

Let A be an algebra. We say that the functions f 1 , . . . , f m : A n → A are algebraic on A provided there is a finite system of term-equalities $${{\bigwedge t_{k}(\overline{x}, \overline{z}) = s_{k}(\overline{x}, \overline{z})}}$$ satisfying that for each $${{\overline{a} \in A^{n}}}$$, the m -tuple $${{(f_{1}(\overline{a}), \ldots , f_{m}(\overline{a}))}}$$ is the unique solution in A m to the system $${{\bigwedge t_{k}(\overline{a}, \overline{z}) = s_{k}(\overline{a}, \overline{z})}}$$. In this work we present a collection of general (...) tools for the study of algebraic functions, and apply them to obtain characterizations for algebraic functions on distributive lattices, Stone algebras, finite abelian groups and vector spaces, among other well known algebraic structures. (shrink)

Abstractabstract:Paolo Bacigalupi’s The Windup Girl (2009) is set in twenty-third-century Thailand, in a world in which climate change and the depletion of the oil supply have led to a collapse of the global economic system. Disease and famine are rampant. And yet, in this seemingly postapocalyptic world, there are numerous signs of hope. This text, in fact, contains strong utopian energies, driven partly by the motif of genetic engineering, which suggest the possibility of rebuilding the world in a way that (...) overcomes many of the limitations of the past in terms of the politics of race, gender, and class, but also in terms of more enlightened attitudes toward the relationship between humans and the natural world. (shrink)

The article analyzes the implementation of an online educational module and its impact on the organization of the classroom’s interaction order. The latter is institutionally constrained by the presence of a goal and the distribution of roles between teacher and students. The introduction of a digital learning platform adds a technological context to the institutional setting. The article considers technologies as possessing communicative affordances — opportunities for action made possible or delimited through their use. Technologies bring new interactive resources to (...) the process of ed­ucation and can affect the organization of the classroom’s interaction order. Using multimodal conversation analysis, we analyzed video recordings of the telemediated interaction of Russia-based students and teachers within a gamified online educational module. We investigate a case in which a student’s correct answer is nevertheless corrected by the teacher. We dem­onstrate that the teacher initiates the correction because they are guided by the ordering of the game elements within the interface. Based on a detailed analysis of the teacher’s mouse movement in relation to ongoing turns-at-talk, we show that this orientation is sustained by all participants. The work contributes to classroom interaction studies and affordance theory and develops the methodology of multimodal transcription for mediated contexts. The primary result of the study is an empirical demonstration that the relevance of technological affordances for interactants is situation­ally produced, and that this process is associated with the interweaving of the institutional and technical context of interaction. The conclusion discusses the relationship between affordances and institutional norms. (shrink)

The article defects priority idiological and centenary positions of the Ukrainian society in the 19th century. The acceptance of consciousness and self-relevant is characterized by a comprehensive analysis. The aim and the tasks: вy working out ethical and philosophical literature, to justify the establishment of dignity of personality in the conditions of domestic cultural and socio-political selfdetermination of the late twentieth century.Research methods are the main methods of research are historical, structuralfunctional, systemic and comparative. To solve specific research tasks also (...) used the principles of systemicity, objectivity, ascension from abstract to concrete, etcEmphades of a new state in ethical and phylosophic keys, analyzes the values of Ukrainians, slogans, native ideas are analyzed. Research results: Scientifically illustrated embodies of the national self-release of the Ukrainian society: Selfrelease of the Naziological State Ukraine: Sovereignty of Ukraine (1985-1991 gg.); Nassional State Formation of Ukraine in the conditions of socio-purity and socioeconomic neoperedelenost (1992-1996 gg.); Creation of oligarchata as a diverse manifestation of a democratic regime in Ukraine (1996-2004 gg.); Polarization of the Farility (2005-2014 gg.); Thick ethape, which is purely formally defined as "post-revolutionary". The author exemplary aspects of the social realities of the reorganization, and the presentation of honor and dignity of the license. Discussion. It is condemned that for the self-release of the national state, the slide of restructuring of steel, the significant income from the public discourse of the topics of repressions, reversed to the families of the species of culture, science, public expressions, popularization of the creativity of the dyspasses and diaspree Figur. Conclusion. In such a way, the protest in the second half of the 1980s is Pastepeno Gladenna, which has received the introduction of privacy in its own participants.Many were re-enriched, rising from the laurel of the prison establishment, the inside of the country, and in the finishing of the bobs for Naziovnoye venereal, the rule of law and market economy. The dignity of a person on the day of restructuring, in the whole, was disturbed from the ancestors of the historical objects of the maintenance of the specialty – Ego Simbiosis with such categories, as freedom, will be, independence. (shrink)

In recent decades, a number of authors have relied on the multiple realizability argument to reject methodological individualism. In this article, I argue that this strategy results in serious difficulties and makes it impossible to identify social entities and phenomena.

M. R. Ayers; V*—Some Thoughts, Proceedings of the Aristotelian Society, Volume 73, Issue 1, 1 June 1973, Pages 69–86, https://doi.org/10.1093/aristotelian/73.1.

Malthus did not leave us with a systematic treatment of colonization, but from remarks scattered throughout his publications and correspondence it is possible to assemble a fairly coherent account of his views on the advantages and disadvantages of colonies, and on the reasons why some have failed and others succeeded. Included in these scattered remarks are some comparisons between his own views on colonies and those of Adam Smith. The question of the relationship between Malthus and Adam Smith is a (...) rather complex and subtle one, and cannot be given the full consideration it deserves in one short paper. But, as a general summary, it can be said that Malthus had a high regard for Smith and considered himself a follower and disciple of Smith, by contrast with Ricardo, James Mill, and McCulloch etc., whom he considered as exponents of a ‘New System of Political Economy”. His own Principles of Political Economy was conceived as a collection of ‘tracts or essays”, not as a new systematic treatise replacing the Wealth of Nations, Joseph Gamier in his article ‘Malthus” in the Dictionnaire de l'Economie Politique, 1852, saw that the title of the Principles was in fact a misnomer: ‘Malgré son titre, le livre sur les Principes n'est point un traité complet, mais seulement une collection de dissertations.” In what was probably intended as a criticism of Ricardo's Principles of Political Economy and Taxation, 1817, Malthus stated that the ‘present period … seems to be unpropitious to the publication of a new systematic treatise on political economy”, and, referring to Smith's work, stated that ‘the treatise which we already possess is still of the very highest value”. Nevertheless, despite professing his affiliation, Malthus did not hesitate to criticize Smith when he disagreed with him. He recognized that the Wealth of Nations contained ‘controverted points” and that it would require some ‘additions … which the more advanced stage of the science has rendered necessary”. (shrink)

Bhattacharyya, K. The Advaita concept of subjectivity.--Deutsch, E. Reflections on some aspects of the theory of rasa.--Nakamura, H. The dawn of modern thought in the East.--Organ, T. Causality, Indian and Greek.--Chatterjee, M. On types of classification.--Lacombe, O. Transcendental imagination.--Bahm, A. J. Standards for comparative philosophy.--Herring, H. Appearance, its significance and meaning in the history of philosophy.--Chang Chung-yuan. Pre-rational harmony in Heidegger's essential thinking and Chʼan thought.--Staal, J. F. Making sense of the Buddhist tetralemma.--Enomiya-Lassalle, H. M. The mysticism of Carl Albrecht (...) and Zen.--Parrinder, G. The nature of mysticism.--Cairns, G. E. Axiological contributions of East and West to the spiritual development of mankind.--Mayeda, S. Śaṇkara's view of ethics.--Mercier, A. On peace.--Barlingay, S. S. A discussion of some aspects of Gaudapāda's philosophy. (shrink)