This open access book seeks to identify the ethical spirit of European Union law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against (...) the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories? Further, should these non-legal concepts be imported in an unaltered way, or be adapted to the legal context? This book explores the different layers of EU law, including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity. (shrink)

The effective collection and management of personal data of rapidly migrating populations is important for ensuring adequate healthcare and monitoring of a displaced peoples’ health status. With developments in ICT data sharing capabilities, electronic personal health records (ePHRs) are increasingly replacing less transportable paper records. ePHRs offer further advantages of improving accuracy and completeness of information and seem tailored for rapidly displaced and mobile populations. Various emerging initiatives in Europe are seeking to develop migrant‐centric ePHR responses. This paper highlights their (...) importance and benefits, but also identifies a number of significant ethical, legal and social issues (ELSI) and challenges to their design and implementation, regarding (1) the kind of information that should be stored, (2) who should have access to information, and (3) potential misuse of information. These challenges need to be urgently addressed to make possible the beneficial use of ePHRs for vulnerable migrants in Europe. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

The basic human ability to treat quantitative information can be divided into two parts. With proto-arithmetical ability, based on the core cognitive abilities for subitizing and estimation, numerosities can be treated in a limited and/or approximate manner. With arithmetical ability, numerosities are processed (counted, operated on) systematically in a discrete, linear, and unbounded manner. In this paper, I study the theory of enculturation as presented by Menary (2015) as a possible explanation of how we make the move from the proto-arithmetical (...) ability to arithmetic proper. I argue that enculturation based on neural reuse provides a theoretically sound and fruitful framework for explaining this development. However, I show that a comprehensive explanation must be based on valid theoretical distinctions and involve several stages in the development of arithmetical knowledge. I provide an account that meets these challenges and thus leads to a better understanding of the subject of enculturation. (shrink)

In der 1970 gegr ndeten Reihe erscheinen Arbeiten, die philosophiehistorische Studien mit einem systematischen Ansatz oder systematische Studien mit philosophiehistorischen Rekonstruktionen verbinden. Neben deutschsprachigen werden auch englischsprachige Monographien ver ffentlicht. Gr ndungsherausgeber sind: Erhard Scheibe (Herausgeber bis 1991), G nther Patzig (bis 1999) und Wolfgang Wieland (bis 2003). Von 1990 bis 2007 wurde die Reihe von J rgen Mittelstra mitherausgegeben.

This article explores whether perspective taking has an impact on the ascription of epistemic states. To do so, a new method is introduced which incites participants to imagine themselves in the position of the protagonist of a short vignette and to judge from her perspective. In a series of experiments, perspective proves to have a significant impact on belief ascriptions, but not on knowledge ascriptions. For belief, perspective is further found to moderate the epistemic side-effect effect significantly. It is hypothesized (...) that the surprising findings are driven by the special epistemic authority we enjoy in assessing our own belief states, which does not extend to the assessment of our own knowledge states. (shrink)

We present an argument against physicalism in two steps: 1) Physics reduces the world to a mathematical structure; 2) The notion of 'structure' only makes sense when carried by something and interpreted by something else. Physicalism does not allow such a carrier and interpreter at a fundamental level, hence it must be wrong. An extended notion of Mind is presented as the fundamental 'hardware' which is necessary by the argument. In particular, qualia correspond to the 'monitor component' of mind. Some (...) ideas are presented on how to extend this mind-matter relation to a more elaborate picture: (1) A system of two complementary reductionisms (one physical, the other mental) may hint toward a deeper reality in which mind and the physical world are closely entangled. (2) A division of mind into a conscious 'monitor' and an unconscious 'processor' is suggested using the analogy of dreams. Finally, the problem of Solipsism and the existence of 'minds other than my own' is discussed. (shrink)

Following Marr’s famous three-level distinction between explanations in cognitive science, it is often accepted that focus on modeling cognitive tasks should be on the computational level rather than the algorithmic level. When it comes to mathematical problem solving, this approach suggests that the complexity of the task of solving a problem can be characterized by the computational complexity of that problem. In this paper, I argue that human cognizers use heuristic and didactic tools and thus engage in cognitive processes that (...) make their problem solving algorithms computationally suboptimal, in contrast with the optimal algorithms studied in the computational approach. Therefore, in order to accurately model the human cognitive tasks involved in mathematical problem solving, we need to expand our methodology to also include aspects relevant to the algorithmic level. This allows us to study algorithms that are cognitively optimal for human problem solvers. Since problem solving methods are not universal, I propose that they should be studied in the framework of enculturation, which can explain the expected cultural variance in the humanly optimal algorithms. While mathematical problem solving is used as the case study, the considerations in this paper concern modeling of cognitive tasks in general. (shrink)

Although scientific realism is the default position in the life sciences, philosophical accounts of realism are geared towards physics and run into trouble when applied to fields such as biology or neuroscience. In this paper, I formulate a new robustness-based version of entity realism, and show that it provides a plausible account of realism for the life sciences that is also continuous with scientific practice. It is based on the idea that if there are several independent ways of measuring, detecting (...) or deriving something, then we are justified in believing that it is real. I also consider several possible objections to robustness-based entity realism, discuss its relationship to ontic structural realism, and show how it has the potential to provide a novel response to the pessimistic induction argument. (shrink)

It is a common intuition that at least in some cases disagreement has skeptical consequences: the participants are not justified in persisting in their beliefs. I will argue that the currently popular non-dialectical and individualistic accounts of justification, such as evidentialism and reliabilism, cannot explain this intuition and defend the dialectical conception of justification that can explain it. I will also argue that this sort of justification is a necessary condition of knowledge by relying on Craig's genealogy of the concept (...) of knowledge. I will then respond to the accusation that the dialectical conception leads to radical skepticism. My response is partly concessive. It does lead to skepticism in areas where controversy prevails, such as philosophy, politics and religion, but this sort of skepticism is quite intuitive. Finally, I deal with the objection that my defense of skepticism about philosophy is self-refuting. (shrink)

Recently Kenneth Kendler and Peter Zachar have raised doubts about the correspondence theory of truth and scientific realism in psychopathology. They argue that coherentist or pragmatist approaches to truth are better suited for understanding the reality of psychiatric disorders. In this article, I show that rejecting realism based on the correspondence theory is deeply problematic: It makes psychopathology categorically different from other sciences, and results in an implausible view of scientific discovery and progress. As an alternative, I suggest a robustness-based (...) approach that can accommodate the significance of coherence and pragmatic factors without rejecting scientific realism and the correspondence theory of truth. (shrink)

Representational systems such as language, mind and perhaps even the brain exhibit a structure that is often assumed to be compositional. That is, the semantic value of a complex representation is determined by the semantic value of their parts and the way they are put together. Dating back to the late 19th century, the principle of compositionality has regained wide attention recently. Since the principle has been dealt with very differently across disciplines, the aim of the two volumes is to (...) bring together the diverging approaches. They assemble a collection of original papers that cover the topic of compositionality from virtually all perspectives of interest in the contemporary debate. The well-chosen international list of authors includes psychologists, neuroscientists, computer scientists, linguists, and philosophers. (shrink)

In this conceptual analysis contribution to the special issue on radical embodied cognition, we discuss how embodied cognition can exist with and without representations. We explore this concept through the lens of judgment and decision making in sports (JDMS). Embodied cognition has featured in many investigations of human behavior, but no single approach has emerged. Indeed, the very definitions of the concepts “embodiment” and “cognition” lack consensus, and consequently the degree of “radicalism” is not universally defined, either. In this paper (...) we address JDMS not from a rigid theoretical perspective, but from two embodied cognition approaches: one that assumes there is mediation between the athlete and the environment through mental representation, and another that assumes direct contact between the athlete and the environment and thus no need for mental representation. Importantly, our aim was not to arrive at a theoretical consensus or set up a competition between approaches, but rather to provide a legitimate scientific discussion about how to explain empirical results in JDMS from contrasting perspectives within embodied cognition. For this, we first outline the definitions and constructs of embodied cognition in JDMS. Second, we detail the theory underlying the mental representation and direct contact approaches. Third, we comment on two published research papers on JDMS, one selected by each of us: (1) Correia et al. (2012) and (2) Pizzera (2012). Fourth, following the interpretation of the empirical findings of these papers, we present a discussion on the commonalities and divergences of these two perspectives and the consequences of using one or the other approach in the study of JDMS. (shrink)

Eating disorders are evolutionarily novel conditions that lead to some of the highest mortality rates of all psychiatric disorders. Several evolutionary hypotheses have been proposed for eating disorders, but only the intrasexual competition hypothesis is extensively supported by evidence. We present the mismatch hypothesis as a necessary extension to the current theoretical framework of eating disorders. This hypothesis explains the evolutionarily novel adaptive metaproblem that has arisen when mating motives and readily available food rewards conflict with one another. This situation (...) is exacerbated in contemporary environments characterized by sedentary lifestyles, caloric surplus and the ubiquity of social comparisons that take place via social media. Our psychoneuroimmunological model connects ultimate-level causation with proximate mechanisms by showing how the adaptive metaproblem between mating motives and food rewards leads to chronic stress and, further, to disordered eating. Chronic stress causes neuroinflammation, which increases susceptibility to OCD-like behaviors that typically co-occur with eating disorders. Chronic stress upregulates the serotonergic system and causes dysphoric mood in patients with restricting-type anorexia nervosa. Dieting, however, reduces serotonin levels and dysphoric mood, leading to a vicious serotonergic-homeostatic stress/starvation cycle whereby cortisol and neuroinflammation increase through stringent dieting. Between-individual and within-individual variation in eating disorders partially arises from (co)variation in gut microbiota and stress responsivity, which influence neuroinflammation and the serotonergic system. In binge-related eating disorders, even a short period of fasting drops serotonin levels, a state alleviated by binge eating. Eating disorder treatments should aim to reduce the chronic stress, neuroinflammation, stress responsivity and gut dysbiosis that fuel the disorders. We review the advances that have been made in recent years in understanding how to best treat eating disorders, outlining directions for future clinical research. Connecting ultimate causes with proximate mechanisms and treating biopsychosocial causes rather than manifest symptoms will enable more effective and sophisticated long-term interventions for the millions of people who suffer from eating disorders. (shrink)

Das Buch weist in exemplarischen Fallstudien von der Antike bis zur Gegenwart die zentrale Rolle von Bildern für Prozesse der Vergemeinschaftung auf. Gegen Ende des 20. Jahrhunderts setzt in der akademischen Diskussion eine verstärkte Rückwendung zum Konzept der Gemeinschaft ein.

This interview deals with the major themes in the work of Ruth Millikan. Her most fundamental idea is that the intentionality of inner and outer representations can be understood in analogy to biological functions. Another innovative feature is the view that thought and language stand parallel to each other. Thirdly, the basic ideas concerning the ontology and the epistemology of concepts are explained. Millikan aims at clarifying her position by contrasting it with Dretske, Fodor, Sellars, and Brandom. Finally, the interview (...) addresses topics that pose problems for her account as well as questions she does not treat in her work. (shrink)

How can we ever find out whether our psychological processes are reliable? According to many reliabilists—e.g. Alston, Goldman, Papineau, and Van Cleve —there is no problem: We just use our psychological processes and then arrive at the belief that these very same processes are reliable. If our psychological processes are actually reliable, we can arrive in this way at a justified belief. And, indeed, we can even come to know that they are reliable.

This is the second paper in a three-part series on the state of the enhancement debate. We report current trends and give an overview of established positions in the field of neuroenhancement. Unlike a number of articles on the bioethics of enhancement, we try to highlight connections between the contemporary debate and established positions in philosophical ethics. This specific perspective inspired the breakdown of our three-part series into consequentialist, deontological and virtue-ethical arguments.

Recently the functional model of reduction has become something like the standard model of reduction in philosophy of mind. In this paper, I argue that the functional model fails as an account of reduction due to problems related to three key concepts: functionalization, realization and causation. I further argue that if we try to revise the model in order to make it more coherent and scientifically plausible, the result is merely a simplified version of what in philosophy of science is (...) known as mechanistic explanation. Hence, instead of analyzing reduction in philosophy of mind in terms of functional reduction, it should be analyzed in terms of mechanistic explanation. (shrink)

Japanese rank among the least likely to intervene to help a stranger in a non-emergency situation while Americans rank among the most likely. Across four studies, we demonstrate that Japanese are less likely to offer help to strangers because their decisions rely more heavily on the assessment of the needs of others. Accordingly, when there is uncertainty about the need for help, Japanese are less likely to intervene than Americans because without an understanding of the needs of recipient, the impact (...) of intervention may also be harmful. When the situation is unambiguous, Japanese and Americans are equally likely to help. This divergence in readiness to help strangers elaborates the understanding of why people in Japanese contexts are more likely than those in United States contexts to attend to the situation and to avoid uncertain situations. It also illuminates cultural differences in models of agency—implicit understandings of when and why a person should act to aid another. (shrink)

Democracy has come under pressure in many countries in recent years. Authoritarian tendencies, populism and the cult of leadership threaten pluralistic societies in Europe and other parts of the world. But democracy is more than just a method of finding a majority; it is inextricably linked to the fight against oppression and injustice in all contexts of life. Especially in times of democratic crisis, it is necessary to focus on its core aspects. The political thinking of French philosopher and writer (...) Albert Camus, who died in 1960, offers the basis for a redefinition of democracy that is linked to and dependent on rebellion. From his reflections, a radical theory of democracy can be derived that is based on the absurdity of the world, its incompleteness, revolt and resistance to authoritarianism, on doubt, dialogue and foreignness. (shrink)

Legislation and ethical guidelines around the globe call for effective human oversight of AI-based systems in high-risk contexts – that is oversight that reliably reduces the risks otherwise associated with the use of AI-based systems. Such risks may relate to the imperfect accuracy of systems (e.g., inaccurate classifications) or to ethical concerns (e.g., unfairness of outputs). Given the significant role that human oversight is expected to play in the operation of AI-based systems, it is crucial to better understand the conditions (...) for effective human oversight. We argue that the reliable detection of errors (as an umbrella term for inaccuracies and unfairness) is crucial for effective human oversight. We then propose that Signal Detection Theory (SDT) offers a promising framework for better understanding what affects people’s sensitivity (i.e., how well they are able to detect errors) and response bias (i.e., the tendency to report errors given a perceived evidence of an error) in detecting errors. Whereas an SDT perspective on the detection of inaccuracies is straightforward, we demonstrate its broader applicability by detailing the specifics for an SDT perspective on unfairness detection, including the need to choose a standard for (un)fairness. Additionally, we illustrate that an SDT perspective helps to better understand the conditions for effective error detection by showing examples of task-, system-, and person-related factors that may affect the sensitivity and response bias of humans tasked with detecting unfairness associated with the use of AI-based systems. Finally, we discuss future research directions for an SDT perspective on error detection. (shrink)

Historically, the problem of realism has often been viewed as an extension of the problem of the external world. At the same time, the assumption has often been made that realism is appropriate to some domains, while antirealism is appropriate to others. I here sketch a neutral realism that rejects both of these assumptions and thereby allows us to treat the realism debate independently of the debate over naturalism. The starting point of neutral realism is indeed neutral with respect to (...) any metaphysical commitment to the existence of some single totality of objects or facts, or to any unified all-encompassing domain that might be identified with nature. The resulting view is shown to open up new prospects for the treatment of the actuality of ethical or aesthetic values as well as for the question of the metaphysical relationship between concrete and abstract entities. (shrink)

I examine a range of issues concerning Kant's conception of cognitive spontaneity. I consider whether we can cognize or know ourselves as spontaneous cognizers, and why Kant seems to regard the notion of cognitive spontaneity as less problematic than the idea of moral spontaneity. As an organizing theme of my discussion, I use an apparent tension between the A-edition and the B-edition of the first Critique. Against common interpretations, I argue that in the B-edition Kant does not revoke his claim (...) that we can cognize, and even know, that our noumenal selves are absolutely spontaneous cognitive agents. (shrink)

Intellectual humility can be broadly construed as being conscious of the limits of one’s existing knowledge and capable of acquiring more knowledge, which makes it a key virtue of the information age. However, the claim “I am humble” seems paradoxical in that someone who has the disposition in question would not typically volunteer it. Therefore, measuring intellectual humility via self-report may be methodologically unsound. As a consequence, we suggest analyzing intellectual humility semantically, using a psycholexical approach that focuses on both (...) synonyms and antonyms of ‘intellectual humility’. We present a thesaurus-based methodology to map the semantic space of intellectual humility and the vices it opposes as a heuristic to support analysis and diagnosis of this disposition. We performed the mapping both in English and German in order to test for possible cultural differences in the understanding of intellectual humility. In both languages, we find basically the same three semantic dimensions of intellectual humility as well as three dimensions of its related vices. The resulting semantic clusters were validated in an empirical study with English and German participants. We find medium-to-high correlations between thesaurus similarity and perceived similarity, and we can validate the three dimensions identified in the study. But we also find limitations of the thesaurus methodology in terms of cluster plausibility. We conclude by discussing the importance of these findings for constructing psychometric measures of intellectual humility via self-report vs. computer models. (shrink)

I examine what Kant means when he appeals to different "standpoints". I argue that Kant seeks to contrast an empirical, anthropocentric standpoint with a normative, more than human standpoint. Against common interpretations, I argue that the normative standpoint is not confined to practical reason, since theoretical reason is concerned with what ought to be as well. Finally, I defend the coherence of Kant’s distinction against important objections.

Soviet attitude towards Bohr reflects changes in the ideological approach to science. During the last period before Stalin's death ?danov proclaimed the campaign against Western influence in Soviet philosophy and science. Nevertheless the physicist M. A. Markov tried to introduce complementarity as a materialistic interpretation of quantum?mechanics in 1948. He was officially condemned. This was followed by a period (1948?54) during which heavy attacks were made against the Copenhagen school. In 1958, after a personal exchange of thoughts with Bohr, academician (...) Fock declared complementarity and probability to be irreversible steps towards a new insight into physical reality, at the same time correcting some of Bohr's epistemological conceptions. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 4 Seiten: 792-797.