This paper presents a four layer model for working with legal knowledge in expert systems. It distinguishes five sources of knowledge. Four contain basic legal knowledge found in published and unpublished sources. The fifth consists of legal metaknowledge. In the model the four basic legal knowledge sources are placed at the lowest level. The metaknowledge is placed at levels above the other four knowledge sources. The assumption is that the knowledge is represented only once. The use of metaknowledge at various (...) levels should make it possible to use the appropriate knowledge for the problem presented to the system. The knowledge has to be represented as closely to the original format as possible for this purpose. Suitable representation formalisms for the various types of knowledge in the five knowledge sources are discussed. It is not possible to indicate a best representation formalism for each knowledge source. (shrink)

The introduction of results of AI and Law research in actual legal practice advances disturbingly slow. One of the problems is that most research can be classified as either theoretical or pragmatic, while combinations of these two are scarce. This interferes with the need for feedback as well as with the need of getting support, both financially and from actual legal practice. The conclusion of this paper is that an emphasis on research that generates operational and sophisticated systems is necessary (...) in order to provide a future for AI and Law. (shrink)

Automated decision systems are often used to enforce legislation.As such, they have considerable regulating effects. These systemsregulate the behaviour of users and addressees mainly throughstandardization. This research classifies these systems intocategories according to which the regulating effects can bedescribed more clearly. Furthermore, this categorization resultsin a better understanding how problems encountered with atpresent can be avoided in the future. Many problems result fromthe way the development process has been organized. It turns outthe development process can be divided according to the (...) time thesystems are developed with regard to the legislation they aim toenforce. Present procedures lack good monitoring of thedevelopment process. To this end, legal procedures are needed toensure that a legally correct product will be made, partiesinvolved should change their tune, system developers should bemore concerned with the legal status of the system and thelegislator should be actively involved in the development of thesystem. Moreover, an ex ante-evaluation should notice thepossible regulating effects caused by the system to ensure acorrect balance of the pros and cons. It should be ensured thatthese systems are effectively put to control. Transparency isindispensable. (shrink)

Software agents that play a role in E-commerce and E-government applications involving the Internet often contain information about the identity of their human user such as credit cards and bank accounts. This paper discusses whether this is necessary: whether human users and software agents are allowed to be anonymous under the relevant legal regimes and whether an adequate interaction and balance between law and anonymity can be realised from both the perspective of Computer Systems and the perspective of Law.

Software agents extend the current, information-based Internet to include autonomous mobile processing. In most countries such processes, i.e., software agents are, however, without an explicit legal status. Many of the legal implications of their actions (e.g., gathering information, negotiating terms, performing transactions) are not well understood. One important characteristic of mobile software agents is that they roam the Internet: they often run on agent platforms of others. There often is no pre-existing relation between the owner of a running agents process (...) and the owner of the agent platform on which an agent process runs. When conflicts arise, the position of the agent platform administrator is not clear: is he or she allowed to slow down the process or possibly remove it from the system? Can the interests of the user of the agent be protected? This article explores legal and technical perspectives in protecting the integrity and availability of software agents and agent platforms. (shrink)

The influence of background music on cognitive functions is still a matter of debate. In this study, we investigated the influence of background music on executive functions (particularly on inhibitory functions). Participants completed a standardized cued Go/NoGo task during three different conditions while an EEG was recorded (1: with no background music, 2: with relaxing or 3: with exciting background music). In addition, we collected reaction times, omissions, and commissions in response to the Go and NoGo stimuli. From the EEG (...) data, event-related potentials (ERPs) were calculated for the Go and NoGo trials. From these ERPs, the N2 and P3 components were specifically analyzed since previous studies have shown that these components (and particularly the Go-NoGo difference waves) are strongly associated with inhibitory functions. The N2 and P3 components of the difference waves (N2d and P3d) were used for statistical analyses. The statistical analyses revealed no differences between the three conditions in terms of amplitudes and latencies of the N2d and P3d components. In addition, reaction times, omissions, and commissions were comparable across all conditions. Our results suggest that in the context of this paradigm, music as background acoustic stimulation has no detrimental effects on the performance of a Go/NoGo task and neural underpinnings. (shrink)

What is the wrong behind the widely criticized presentist bias of democracies? In this paper I argue that it is not that future generations are excluded from present-day democratic decision-making quite generally. Rather, I claim that due to the unique risks associated with representing future generations and the limitations on affecting future generations both institutionally and causally, the focus ought to be on including them on a more specific, narrower, set of issues, namely only those that threaten to lead to (...) their domination. I identify such issues as those that may end up being purpose-determining: that may subject future generations to previous generations’ will by forcing them to exert a substantial amount of their energies on dealing with problems caused by their predecessors. I conclude by reflecting on the extent to which political representation together with providing avenues of contestation can minimize the risk of intergenerational domination. (shrink)

In highly structured organisational fields individual efforts to deal rationally with uncertainty and constraints tend to lead, in the aggregate, to greater homogeneity in structure, culture and output. Drawing on institutional theory, this paper develops research propositions regarding the nature and scope of corporate social responsibility (CSR) engagement at trade/industry association level. The cases of the water and sewerage and film industries are used in order to test these propositions. The findings suggest that (a) trade associations in more homogeneous industries (...) are more likely to engage with CSR‐related issues; (b) trade associations in industries that face greater external scrutiny and threats to legitimacy are more likely to engage with CSR‐related issues; and (c) trade associations are more likely to engage with those substantive CSR issues that are of greater concern to the industry's most salient stakeholders. The findings also suggest that trade associations may have a greater tendency to engage in symbolic legitimation efforts through CSR if faced with the task of repairing industry legitimacy. (shrink)

It is argued that the popular story that portrays Kant’s philosophical development as a gradual emancipation from his Leibniz-Wolffian roots that culminated in a total rejection of the Leibnizian philosophy by 1781 is not accurate. Kant’s many objections against the Leibnizian philosophy in the critical period are not directed against Leibniz himself but against the Leibniz-Wolffians. Kant considers Leibniz’s philosophy to be very close to his own, calling the Critique of Pure Reason the “true apology” of Leibniz. It is claimed (...) that this assessment is correct; the correctness is demonstrated with respect to Kant’s and Leibniz’s theories of space. (shrink)

Bilder spielen in allen Schulfächern immer schon eine zentrale Rolle. Die intellektuellen Energien, die in den Bildungs- und Erziehungswissenschaften aufgewendet werden, um Fragen des Einsatzes von Bildern zu beantworten, wirken daher beachtlich. Eingeklammert bleiben dabei bisher jedoch Phänomene der Unsichtbarkeit, obwohl sie grundlegend für alles Bildliche sind. Denn sie gehören zu jener Dimension, die wir als "latent" bezeichnen. Eine Auseinandersetzung mit den Funktionen von Bildern in Lehrkontexten kann deshalb nur erfolgreich sein, wenn die philosophischen Debatten über "Latenz", die zwischen dem (...) Zeitalter der Aufklärung und dem frühen 21. Jahrhundert stattgefunden haben, Eingang in die bildungswissenschaftliche Theoriebildung finden. (shrink)

Philosophy &Public Affairs, Volume 50, Issue 3, Page 271-300, Summer 2022.

The institutional reform of the Belgian state seems to run parallel with a redefinition of the whole of Belgian society. 'Subnationalism' has overtaken the traditional ethno-linguistic definitions which used to provide a basis for political identification and mobilisation. The territorial demarcation of the regions and the politicisation of cultural life on both sides of the linguistic border constitute basic ingredientsfor 'nationbuilding'projects in Flanders and Wallonia. A number of elements are distinguished to explain why the 'nationalism' of the regions will have (...) repercussions on the political developments in the capital area. Language and territoriality have always played a special role in Brussels. Changes in connection with definitions of territoriality and identity now seem to create opportunities to redefine the relationship between the communities in Brussels. It is not inconceivable that, in the long run, the linguistic divide wilt fade out and wilt be replaced by an identification on the basis of a territorial criterion shared by all the Brussels' inhabitants. (shrink)

Rhythmus figuriert in Joseph Conrads Heart of Darkness als wirkmächtige Sinneserfahrung, die Körper affiziert und auf diese Weise Gemeinsamkeiten zwischen Menschen und Maschinen oder aber Europäern und »Barbaren« herstellt. Er wird somit zu einem zentralen Ort der Aushandlung von Ängsten vor der Ansteckung durch das Fremde, wie sie für die britische Literatur zur Zeit der Jahrhundertwende typisch waren.

The focus of this article is on elderly patients’ and nursing staff perceptions of privacy in the care of elderly patients/residents in five European countries. Privacy includes physical, social and informational elements. The results show that perceptions of privacy were strongest in the UK (Scotland) and weakest in Greece. Country comparisons revealed statistically significant differences between the perceptions of elderly patients and also between those of nurses working in the same ward or long-term care facility. Perceptions of privacy by patients (...) and their nursing staff were quite similar in Finland, Germany and the UK. In contrast, in Greece and Spain these perceptions were different: nurses believed that they took account of their patients’ privacy needs more often than the patients themselves felt this was the case. Among Spanish and UK patients, an association was found between lower levels of independence and comparatively less positive perceptions of privacy. No associations were established between nurses’ perceptions and their demographic factors. This is the third of a set of five articles published together in this issue of Nursing Ethics in which the results of this comparative research project are presented. (shrink)

In his recent book, The Empirical Stance, Bas van Fraassen forcefully raises the question of what a philosophical position can or should be. He mainly discusses this question with regard to empiricism but his discussion makes it clear that he takes his proposed answer to be generalizable: not only empiricism but philosophical positions in general should be understood as stances rather than dogmata. The first part of this essay is devoted to an examination of van Fraassen’s critique of ‘naïve’ or (...) dogmatic empiricism, which represents an integral part of his argument for ‘stance’ empiricism. It will be argued that, contrary to van Fraassen’s view, not all versions of naïve empiricism run into the problems identified by him. In the second part of the paper the case will be made that, contrary to van Fraassen’s thesis, the stance empiricist is in at least as bad a position as the naïve empiricist with regard to the task of providing a radical critique of metaphysics, which van Fraassen takes to be an essential task that any empiricist should be able to accomplish. The third part of this essay concerns van Fraassen’s general proposal, and examines the question whether a philosophical position can possibly consist in a stance. It will be suggested that this is not the case. With regard to empiricism this has the implication that if one wants to be a philosopher and an empiricist at the same time one needs to subscribe to a form of naïve empiricism. Furthermore, it will be proposed that as a philosopher-empiricist one should want, or, at least, allow some form of metaphysical theorizing to be part of the philosophical enterprise after all. (shrink)

Prepositions name spatial relationships. But they are also used to convey abstract, non-spatial relationships —raising the question of how the abstract uses relate to the concrete spatial uses. Despite considerable success in delineating these relationships, no general account exists for the two most frequently extended prepositions: in and on. We test the proposal that what is preserved in abstract uses of these prepositions is the relative degree of control between the located object and the reference object. Across four experiments, we (...) find a continuum of greater figure control for on and greater ground control for in. These findings bear on accounts of semantic structure and language change, as well as on second language instruction. (shrink)

Most commentators agree that Leibniz advocates some version of a doctrine of the ideality or reducibility of relations, but there is considerable disagreement about what exactly this doctrine means. I argue that Leibniz’s views on relations are more complex than has been previously appreciated, and that, despite some ‘reductionist’ strands in Leibniz’s position, it is seriously misleading to describe him as a reductionist about relations without adding some important qualifications. The complexity of Leibniz’s views on relations tends to be obscured (...) by the common assumption that they can be captured in one unified thesis, or a small number of closely related theses, and by the widespread neglect to take Leibniz’s division of reality into several ontological levels into consideration. I disentangle ten Leibnizian theses about relations, extrinsic denominations, and their relation to intrinsic denominations. Some of these theses express a kind of dependence of extrinsic denominations on intrinsic ones, and some of them can even be counted as articulations of a form of reductionism. But, overall, the general tenor of Leibniz’s position on extrinsic denominations remains non-reductionist. (shrink)

The view that agents are not obliged to do more than their initial fair shares when their fellow duty bearers fail to comply has prominent defenders, including Liam Murphy and David Miller. While Murphy thinks that asking agents to take up other agents’ slack would be unfair, Miller claims that slack-taking cannot be required because primary responsibility does not migrate from noncompliers to compliers. This paper argues, by contrast, that there are a number of circumstances in which there is a (...) duty to take up the slack even though it is unfair and even though responsibility stays where it is. The central claim is that what agents owe to third parties is a separate issue from how they relate to fellow duty bearers. This proposal also runs counter to familiar defenses of slack-taking that weigh its unfairness against the moral importance of the interests at stake for third parties. (shrink)

The focus of this article is on elderly patients’ and nursing staff perceptions of informed consent in the care of elderly patients/residents in five European countries. The results suggest that patients and nurses differ in their views on how informed consent is implemented. Among elderly patients the highest frequency for securing informed consent was reported in Finland; the lowest was in Germany. In contrast, among nurses, the highest frequency was reported in the UK (Scotland) and the lowest in Finland. In (...) a comparison of patients’ and nurses’ perceptions, nurses had more positive views than patients in all countries except Finland. Patients with less need for nursing interventions in Greece and Spain gave their consent less often. The German and Greek patients were older, and the results also point to an association between this and their lower frequency of giving consent. In Spain, patients who were married or who had a family member or friend to look after their personal affairs were more likely to be included in the group whose consent was sought less often. This is the fourth of a set of five articles published together in this issue of Nursing Ethics in which the results of this comparative research project are presented. (shrink)

In this article, I discuss the commemoration of public figures such as Nelson Mandela and Yitzhak Rabin. In many cases, our commemoration of such figures is based on the admiration we feel for them. However, closer inspection reveals that most (if not all) of those we currently honour do not qualify as fitting objects of admiration. Yet, we may still have the strong intuition that we ought to continue commemorating them in this way. I highlight two problems that arise here: (...) the problem that the expressed admiration does not seem appropriate with respect to the object and the problem that continued commemorative practices lead to rationality issues. In response to these issues, I suggest taking a fictionalist position with respect to commemoration. This crucially involves sharply distinguishing between commemorative and other discourses, as well as understanding the objects of our commemorative practices as fictional objects. (shrink)

Contrary to popular belief, I argue that Leibniz is not hopelessly confused about motion: Leibniz is indeed both a relativist and an absolutist about motion, as suggested by the textual evidence, but, appearances to the contrary, this is not a problem; Leibniz’s infamous doctrine of the equivalence of hypotheses is well-supported and well-integrated within Leibniz’s physical theory; Leibniz’s assertion that the simplest hypothesis of several equivalent hypotheses can be held to be true can be explicated in such a way that (...) it makes good sense; the mere Galilean invariance of Leibniz’s conservation law does not compromise Leibniz’s relativism about motion; and Leibniz has a straightforward response to Newton’s challenge that the observable effects of the inertial forces of rotational motions empirically distinguish absolute from relative motions. (shrink)

In light of new biomedical technologies, such as artificial reproduction, stem cell research, genetic selection and design, the question of what we owe to future persons-and unborn life more generally-is as contested as ever. In A Theory of Unborn Life: From Abortion to Genetic Manipulation, author Anja J. Karnein provides a novel theory that shows how our commitments to persons can help us make sense of our obligations to unborn life. We should treat embryos that will develop into persons (...) in anticipation of these persons. But how viable is this theory? Moreover, what does it mean to treat embryos in anticipation of the future persons they will develop into? Exploring the attractiveness of this approach for Germany and the U.S. - two countries with very different legal approaches to valuing unborn life-Karnein comes to startling conclusions to some of today's greatest ethical and legal debates. (shrink)

It is surprisingly difficult to determine what modal strength Leibniz wants to ascribe to his principle of the identity of indiscernibles (PII). I consider this question by examining (i) some direct textual evidence, (ii) Leibniz's main arguments for PII, (iii) Leibniz's presumable response to a prominent contemporary defense of the necessity of PII against Max Black style counterexamples, and (iv) Leibniz's views about the possibility of primitive haecceities. I conclude that Leibniz probably takes PII to be necessary.

Rhythmus figuriert in Joseph Conrads Heart of Darkness als wirkmächtige Sinneserfahrung, die Körper affiziert und auf diese Weise Gemeinsamkeiten zwischen Menschen und Maschinen oder aber Europäern und »Barbaren« herstellt. Er wird somit zu einem zentralen Ort der Aushandlung von Ängsten vor der Ansteckung durch das Fremde, wie sie für die britische Literatur zur Zeit der Jahrhundertwende typisch waren. Georg Vasold Am Urgrund der Kunst. Rhythmus und Kunstwissenschaft, ca. 1921. Auf der Suche nach einer zeitgemäßen kunsthistorischen Terminologie entdeckten zu Beginn des (...) 20. Jahrhunderts immer mehr Kunsthistoriker den Rhythmus. Dieser stellte in Aussicht, den zunehmend fragwürdig gewordenen Stilbegriff zu ersetzen. An die Stelle der »ausdruckslosen formalistischen Stilgeschichte« (Julius von Schlosser) sollte eine Rhythmusforschung treten, die die Lebendigkeit des modernen Daseins mitdenkt. Der Rhythmus wurde dabei als Gestaltkategorie aufgefaßt, d.h. als ein anthropologisch fundiertes Gesetz, das alle menschlichen Tätigkeiten, und somit auch die Kunstproduktion, maßgeblich bestimmt. (shrink)

Weak Quantum Theory (WQT) and the Model of Pragmatic Information (MPI) are two psychophysical concepts developed on the basis of quantum physics. The present study contributes to their empirical examination. The issue of the study is whether WQT and MPI can not only explain ‘psi’-phenomena theoretically but also prove to be consistent with the empirical phenomenology of extrasensory perception (ESP). From the main statements of both models, 33 deductions for psychic readings are derived. Psychic readings are defined as settings, in (...) which psychics support or counsel clients by using information not mediated through the five senses. A qualitative approach is chosen to explore how the psychics experience extrasensory perceptions. Eight psychics are interviewed with a half-structured method. The reports are examined regarding deductive and inductive aspects, using a multi-level structured content analysis. The vast majority of deductions is clearly confirmed by the reports. Even though the study has to be seen as an explorative attempt with many aspects to be specified, WQT and MPI prove to be coherent and helpful concepts to explain ESP in psychic readings. (shrink)

Drawing on interviews with women and men who serve on the supervisory boards of German stock-listed companies, this qualitative study examines why some female directors seek to augment gender equality in their organizations while others do not. Those who take action do so both in formal board processes and in informal settings. A sense of belonging to women as a social group and a sense of responsibility for women in the organization are key factors in explaining why some female directors (...) contribute to gender equality. In addition, the study highlights the relevance of a board culture supportive of gender equality and positive expectations by other organizational members about female directors’ role in advancing gender equality. Board chairs influence how supportive female directors perceive the organizational context to be. Where the organizational context is not seen as supportive, those who take equality-related action anyway are experienced directors. Surprisingly, the presence of other women on the board does not appear to be related to whether or not female directors take action. Examining female directors’ actions and paying close attention to both their identities and their specific organizational settings shows how the interplay between social identity and situational opportunities and constraints affects board behavior. (shrink)

The goal of this work is twofold. First, it aims to account for double genitive constructions in Serbian. Second, it aims to re-evaluate the DP hypothesis in light of their existence in Serbian. Based on evidence from the categorial status of possessives, argumenthood in the nominal domain, the morphosyntactic structure of nominalizations, and the assignment of the genitive case, it is argued that DP projection must be assumed in Serbian.

Wilke et al. make significant headway in gaining a better understanding of the influence affect cues may have on action perception and judgement. In our view their account also brings up a row of important questions demanding further research. This concerns the role of conceptual and non-conceptual content and the different effects emotions of the same valence may play in the perception and judgement of action.

Ein Dekonstruktivist sagt: "Ich rede von der Demokratie als von etwas Kommendem."l Doch die Rede soIl hier nicht von einer empirisch gestiitz­ ten Vorhersage oder einer normativen Utopie sein, sondern von der ethisch­ politischen Perspektive, die die Geste der Dekonstruktion offnet. Den Hori­ zont dieser Perspektive bildet die Demokratie, dessen Unerreichbarkeit in der politischen Praxis der Demokratisierung affirmiert wird. Dekonstruktion und Demokratisierung stehen dabei weder in einem parallelen noch einem additiven Verhiiltnis, auch wenn die Konjunktion "und" dies suggerieren mag. Es (...) handelt sich um zwei offene, einander verschiebende Prozesse, deren Verschriinkung diese Studie darlegen mochte. Eine temporale Meta­ pher tragt dabei solange, wie sie nicht teleologisch miBverstanden wird: Die Demokratie ist die Zukunft der Dekonstruktion,2 wenn die Dekonstruktion die andere Gegenwart bleibt. Die Spur einer dekonstruktiven Bewegung hat sich lange schon, minde­ stens seit einem Jahrhundert, vergegenwartigt.3 An sie gekoppelt ist gleich­ wohl die Angst vor einem Nihilismus, der das emanzipatorische Verspre­ chen verneinen konnte. Als anti-moderne Reaktion, die sich schein bar nicht auf Zukiinftiges beziehen kann, wird die Dekonstruktion immer wieder als Zeitgeisterscheinung zuriickgewiesen. Doch phanomenologische Periodisie­ rungsversuche, die die Subversion moderner rationalistischer Essenzen wie Subjekt, Gesellschaft und Geschichte etwa als ideologischen Ausdruck der Entwicklung zum Spatkapitalismus oder auch als intellektuelle Konsequenz der politischen Aufbruchsstimmung der sechziger Jahre interpretieren wol- Friedrich Nietzsche, Menschliches. Allzumenschliches. Ein Buch for /reie Geister, Slimtli­ che Werke Bd. 3 (Stuttgart 1964),313. 2 Vgl. zu dieser Fonnulierung auch Simon Critchley, The Ethics a/Deconstruction. Derrida and Levinas (Oxford/Cambridge 1992), 241. (shrink)