Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

The central aim of this book is to answer two questions: Are alternatives for choice ever incomparable? and, In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed. This work is the first book length treatment of the topics of incomparability, value, and practical reason.

Corruption poisons corporations in America and around the world, and has devastating consequences for the entire social fabric. In this article, we focus on organizational corruption, described as the abuse of authority for personal benefit, and draw on Weber’s three ideal-types of legitimate authority to develop a theoretical model to better understand the antecedents of different types of organizational corruption. Specifically, we examine the types of business misconduct that organizational leaders are likely to engage in, contingent on their legitimate authority, (...) motives, and justifications. We conclude by suggesting managerial implications of our theoretical model and propose directions for future research. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

This volume contains essays which cover a range of aspects in the debate over genetic testing. It looks at both the advantages and disadvantages involved in knowing or not knowing whether one is a carrier of certain genetic traits.

Genetic database initiatives have given rise to considerable debate about their potential harms and benefits. The question arises as to whether existing ethical frameworks are sufficient to mediate between the competing interests at stake. One approach is to strengthen mechanisms for obtaining informed consent and for protecting confidentiality. However, there is increasing interest in other ethical frameworks, involving solidarity — participation in research for the common good — and the sharing of the benefits of research.

This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism (...) hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

If liberal theory is to move forward, it must take the political nature of family relations seriously. The beginnings of such a liberalism appear in Mary Wollstonecraft's work. Wollstonecraft's depiction of the family as a fundamentally political institution extends liberal values into the private sphere by promoting the ideal of marriage as friendship. However, while her model of marriage diminishes arbitrary power in family relations, she seems unable to incorporate enduring sexual relations between married partners.

In this 60th anniversary of Business & Society essay, we seek to make three main contributions at the intersection of governance and artificial intelligence. First, we aim to illuminate some of the deeper social, legal, organizational, and democratic challenges of rising AI adoption and resulting algorithmic power by reviewing AI research through a governance lens. Second, we propose an AI governance framework that aims to better assess AI challenges as well as how different governance modalities can support AI. At the (...) heart of our framework lies the governance forces that apply to institutions, organizations, and individuals, who ultimately provide, regulate, and use AI decision-making. We discuss how businesses may harness AI’s economic power through governance solutions without creating or amplifying societal biases and inequalities. Third, as part of our section on future research, we identify a set of governance trade-offs in AI adoption, suggest future research avenues to conceptually strengthen research on the governance of AI, and lay out key policy recommendations. (shrink)

The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book considers (...) the right to know and the right not to know about your own and others’ genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media. (shrink)

This paper examines Nietzsche's views on love and marriage in the works of his middle period. Contrary to the general consensus in the secondary literature regarding Nietzsche's ideas on these matters, it shows that he offers several positive reflections on love and marriage. Indeed, at times he accepts that friendship is possible between the genders and even models marriage on friendship. Modelling marriage on friendship creates an overlap between Nietzsche's thought and that of John Stuart Mill and Harriet Taylor. However, (...) it is argued here that, albeit for different reasons, none of these visions of marriage as friendship succeeds in fully accommodating sexuality. (shrink)

Most of Christine Swanton’s quotations from and references to Nietzsche are drawn The Genealogy of Morals, Thus Spoke Zarathustra, and Beyond Good and Evil. I suggest that Human, All too Human and Daybreak, two of Nietzsche’s most neglected works, provide rich resources for Swanton’s interpretation of Nietzsche’s view of self-love and its defining role in genuinely ethical action. Self-love assumes a central place in these writings, as do its cognate concepts of egoism and vanity. I outline some of the reasons (...) why these two middle period writings recommend themselves powerfully for Swanton’s philosophical purposes. I examine to what extent passages on self-love from these neglected works nourish, but also to what extent they challenge or upset, the central place accorded to self-love in Swanton’s recalibration of virtue ethics. (shrink)

One of the major purposes of this article is to show that friendship was one of Nietzsche's central concerns and that he shared Aristotle's belief that it takes higher and lower forms. Yet Nietzsche's interest in friendship is overlooked in much of the secondary literature. An important reason for this is that this interest is most evident in the works of his middle period, and these tend to be neglected in commentaries on Nietzsche. In the works of the middle period, (...) Nietzsche suggests that there is a close connection between friendship and selfhood, contending that an individual's friendships reflect something about his or her identity. Following Aristotle, he believes that friendship can make a significant contribution to self-knowledge and self-improvement, which are both closely associated with his notion of self-overcoming. Nietzsche encourages individuals to adopt an aesthetic approach to the self: they should refashion themselves by consolidating their strengths, minimising their weaknesses and developing themselves in new directions. The works of the middle period suggest, however, that not only can friendship foster self-overcoming, but that the talent for friendship is one of the marks of a higher human being. Recognising this requires some reconsideration of Nietzsche's putative individualism and the belief that he holds great individuals to be utterly independent and indifferent to the judgements of others. It also requires a revision of the common interpretation that he is unremittingly sceptical about pity and other forms of fellow-feeling. Yet while Nietzsche generalises about friendship in the works of the middle period and contrasts its superior and inferior forms, he remains sensitive to its particularity. He never adopts a wholly formulaic approach to this relationship, but recognises that difference and responsiveness to particularity are among its central characteristics. (shrink)

Pervasive though it is in modern life, the concept of self‐esteem is often viewed with distrust. This paper departs from an idea that was recently aired by Richard Smith: that we might be better off without this concept. The meaning of self‐esteem is explored within four ‘homes’: the self‐help industry, social science, therapy and education. It is suggested that the first two use a ‘simple’ concept of self‐esteem that indeed we are better off without. This concept eliminates the distinction between (...) truthfulness and delusion, and relies on a chimera of quantifiability. The much richer concept of situated self‐esteem is explored, and it is argued that low self‐esteem in children should command the attention of educators. Teachers should address this through education and communication, and reject the idea of boosting self‐esteem through a content‐free curriculum. (shrink)

The human imagination remains one of the last uncharted terrains of the mind. People often imagine how events might have turned out something had been different. The of reality, those aspects more readily changed, indicate that counterfactual thoughts are guided by the same principles as rational thoughts. In the past, rationality and imagination have been viewed as opposites. But research has shown that rational thought is more imaginative than cognitive scientists had supposed. In The Rational Imagination, I argue that imaginative (...) thought is more rational than scientists have imagined. People exhibit remarkable similarities in the sorts of things they change in their mental representation of reality when they imagine how the facts could have turned out differently. For example, they tend to imagine alternatives to actions rather than inactions, events within their control rather than those beyond their control, and socially unacceptable events rather than acceptable ones. Their thoughts about how an event might have turned out differently lead them to judge that a strong causal relation exists between an antecedent event and the outcome, and their thoughts about how an event might have turned out the same lead them to judge that a weaker causal relation exists. In a simple temporal sequence, people tend to imagine alternatives to the most recent event. The central claim in the book is that counterfactual thoughts are organised along the same principles as rational thought. The idea that the counterfactual imagination is rational depends on three steps: (1) humans are capable of rational thought; (2) they make inferences by thinking about possibilities; and (3) their counterfactual thoughts rely on thinking about possibilities, just as rational thoughts do. The sorts of possibilities that people envisage explain the mutability of certain aspects of mental representations and the immutability of other aspects. (shrink)

Journal Name: Cognitive Linguistics Issue: Ahead of print.

Commercial video games are popular entertainment media and part of students’ media reality. While commercial video games’ main purpose is not learning, they nonetheless could and should serve as objects of reflection in formal educational settings. Teachers could guide student learning and reflection as well as motivate students with commercial video games, but more evidence from formal educational settings is required. We conducted two mixed methods case studies to investigate students’ reflection processes using commercial video games in regular formal high (...) school teaching. In a double lesson, 29 students of a 10th-grade biology course and 17 students of a 12th-grade advanced course on history played and discussed a commercial video game related to the current curricular topic. We examined the reflection processes of students in terms of their reactions to the teachers’ game-related statements and questions. Regarding teachers’ statements, students discussed several topics related to game enjoyment and the games’ representation of topic-related content. Regarding teachers’ questions, students discussed multiple goals in each game, how the games represented topic-related content, and how the games could be appropriate for learning. In Study 2, students additionally discussed emotions, stereotypes, violence, and the narrative related to the digital history game. We found that the discussions provided students opportunities to reflect on their game experiences and the current curricular topic as well as to practice media criticism. We further provide quantitative results on students’ perceived topic knowledge, on several facets of their learning motivation, and on their acceptance of video games. Overall, our findings illustrate the educational value of using commercial video games as objects of reflection. (shrink)

Testing is an effective learning method, and it is the basis of mobile quiz apps. Quiz apps have the potential to facilitate remote and self-regulated learning. In this context, automatized feedback plays a crucial role. In two experimental studies, we examined the effects of two feedback types of quiz apps on performance, namely, the standard corrective feedback of quiz apps and a feedback that incorporates additional information related to the correct response option. We realized a controlled lab setting (n= 68, (...) Study 1) and an unsupervised mobile setting (n= 150, Study 2). In the learning phase, participants used the quiz app and received feedback. They also completed a subsequent test as well as a follow-up test 1 week later by using the same quiz app. Irrespective of feedback type and setting, cognitive outcomes (quiz scores) and metacognitive outcomes (response certainty) increased similarly in the short term and long term. Feedback effects were not moderated by participants' overall response certainty during learning, their prior knowledge, and the difficulty of quiz items. Moreover, we found that participants perceived the quiz app to be similarly attractive, interesting, and enjoyable in both feedback conditions and that they spent slightly more time to process quiz items in the lab setting. We discuss these results in detail, including the role of moderating and mediating factors and prospects for further research and practice. Overall, our results underline that quiz apps are useful and effective tools that can support the acquisition and retention of semantic knowledge in different learning settings. (shrink)

A Reformed understanding of sickness requires that connections be drawn between the structural effects of sin and the ways that sickness is experienced in people's lives. Such an understanding can be an important resource for the bioethicist, both the bioethicist who speaks from the Reformed tradition and the bioethicist who speaks to patients and caregivers who may assume that sin and sickness are connected, but may understand that linkage in overly simplistic ways.

Lifelong learning is something which one does for oneself that no one else can do for one: it is a public and personal human activity, rather than private or individualistic. One of the features of the education system is the paucity of a language for learning as process and participative experience. Personalised learning requires a sense of the worth-whileness of 'being a learner' - a virtue in the 21st century. A sense of one's own worth as a person is essential (...) to understanding one's identity as a learner. Research suggests the human capacity to learn can be understood as a form of consciousness which is characterised by particular values, attitudes and dispositions, with a lateral and a temporal connectivity. This 'consciousness' has several dimensions which are all related to becoming a person, with a learning identity. They also enable the learner to become aware of and appropriate what is of worth and map onto the sorts of core values that learning communities espouse. Awareness of self and of one's own worth as a person is a necessary condition for 'becoming a learner' and for identifying and engaging with 'what is of worth'. Furthermore, a sense of self as a learner is formed in relationship, and understood as one learns to tell one's own story, as a participant in the conversation of the learning community. Character is the way in which we refer to that quality of personhood in which there is rooted the capacity to change and learn over time. (shrink)

Despite its centrality for an understanding of Nietzsche's thought, the term ressentiment does not appear in his writings before Beyond Good and Evil. This article argues that the roots of the idea of ressentiment appear in his middle period writings when he discusses vanity [die Eitelkeit].

Charles Taylor's work has recently taken a religious turn, with Taylor becoming more explicit about his own religious faith and its influence on his thinking. Ian Fraser offers a systematic, critical exploration of the nature of Taylor's Catholicism as it appears in his writings. This reply to Fraser endorses his belief in the importance of looking carefully at Taylor's religious views. However, it raises doubts about some of Fraser's particular arguments and conclusions, and aims to foster a clearer understanding of (...) Taylor's religious beliefs. It poses questions for Fraser about what Taylor is setting out to do in A Catholic Modernity?; why he invokes the figure of Matteo Ricci; whether he believes that acts of practical benevolence are impossible without a religious foundation; and whether his religiously-inspired pluralism suffers an inherent contradiction. (shrink)

Clinical simulation is used in nursing education and in other health professional programs to prepare students for future clinical practice. Simulation can be used to teach students communication skills and how to deliver bad news to patients and families. However, skilled communication in clinical practice requires students to move beyond simply learning superficial communication techniques and behaviors. This article presents an unexplored concept in the simulation literature: the exercise of moral imagination by the health professional student. Drawing from the works (...) of Hume, Aristotle and Gadamer, a conceptualization of moral imagination is first provided. Next, this article argues that students must exercise moral imagination on two levels: towards the direct communication exchange before them; and to the representative nature of simulation encounters. Last, the limits of moral imagination in simulation-based education are discussed. (shrink)

Friedrich Nietzsche is typically seen as a radical critic of the western philosophical tradition. This article considers why this image is so widely accepted. It argues that part of the reason for its acceptance is that Nietzsche paints a picture of himself as the independent, radical innovator in his later writings. If we look at the works of the middle period, we find that by contrast, he repeatedly situates himself within wider traditions and discusses what he has learned from them.

Contrary to the common classification of Friedrich Nietzsche as a misogynist, the works of the middle period do not entirely denigrate or dismiss women. Nietzsche’s views on women at this time were more nuanced and less vitriolic than they became. The works of the middle period repeatedly measure women by the values constitutive of free-spirithood such as autonomy, intellectual strength, desire and ability to pursue the sort of scientific knowledge Nietzsche prizes, capacity for cruelty, and the skills of dialogue. This (...) suggests that women can be considered as candidates for free spirithood, even if Nietzsche assumes that most females, like most males, will fail to meet its requirements. Rather than focus on the shaping power of biology, these writings point to the social and cultural forces that shape gender identity, allowing Nietzsche to adumbrate a non-essentialist approach to women and their potential. (shrink)

Just as he points to the power of egoism, so Friedrich Nietzsche is notorious for being a critic of pity. This chapter explores the dangers he detects in pity and its cognate emotions such as sympathy, empathy, and benevolence, in the middle period writings. The commonplace view that Nietzsche holds all such drives in contempt is questioned by a careful study of the middle period’s more nuanced portrayals of these emotions. While Nietzsche condemns the Christian-inspired morality of pity, he does (...) not see all manifestations of fellow-feeling as base or spurious. The influence of La Rochefoucauld’s analysis of pity is discussed, and Nietzsche’s reflections of how to react to the suffering of a friend are also explored. (shrink)

The works of the middle period are sometimes labeled positivist, and one of their distinguishing features is the praise they contain for science. In these works, Friedrich Nietzsche repeatedly expresses his admiration for science’s methods and procedures, and for the values and characteristics of its practitioners. As part of his vision of an enlightened future, Nietzsche looks forward to the generation of a new aristocracy. This chapter explores the tension in these writings between his ideas of an aristocracy of spirit (...) and an aristocracy of birth. The significance of embodiment in each of these models of aristocracy is discussed, and a Nietzschean ethic of care of the self is adduced. (shrink)

Physical inactivity and coronavirus disease 2019 signify two pandemics with negative physical, mental, and economic consequences. Younger and older people have not reached the recommended physical activity level for years. Societal restrictions due to COVID-19 additionally reduce opportunities for physical activity, and they increase social isolation. Here, we outline how playing exergames with others at home could foster physical and mental health and promote communication and discussions on exergaming. Accordingly, we highlight the educational and social benefits of exergaming at home (...) and delineate the concept of Educational and Social Exergaming. We outline specific benefits and pitfalls of exergaming regarding its physical and nonphysical effects, including educational values of discussing exergaming experiences and related topics. Moreover, we discuss the relevance of practical guidelines for educational and social exergaming at home as well as prospects for future research. Overall, educational and social exergaming could alleviate several detrimental effects of both pandemics on the health and well-being of people of all ages. (shrink)

Las traducciones al inglés de la obra de Karl Jaspers no han sido hasta el momento uniformes en su elección de la terminología técnica. Esta interpretación especializada de la Introducción de Jaspers a su obra seminal "The Great Philosophers" ("Los Grandes Filósofos", nota de la traductora) se mantiene fiel al texto original en alemán tanto como es posible, protegiendo sus expresiones idiomáticas culturales, la estructura compleja de la oración y los matices particulares, con la condición de que la claridad de (...) la comunicación se conserve. Los contenidos sustanciales y la significación de este texto, cuyo principal tema es la grandeza, se bosquejan aquí. La comunicación con los grandes filósofos puede aportar una visión de su pensamiento, haciendo posible el trascender hacia una posible Existenz auténtica. (shrink)

Through a collection of contributions from an international team of empirical researchers and philosophers, _New Philosophies of Learning_ signals the need for a sharper critical awareness of the possibilities and problems that the recent spate of innovative learning techniques presents. Explores some of the many contemporary innovations in approaches to learning, including neuroscience and the focus on learners’ well-being and happiness Debates the controversial approaches to categorising learners such as dyslexia Raises doubts about the preoccupation with quasi-mathematical scrutiny and the (...) neglect of ethical reflection about education Discusses the possible grounds for concern, without exaggerating their similarities or offering sweeping judgements Includes contributions from empirical researchers and philosophers, including Usha Goswami, Howard Gardner, Julian Elliott, David Bakhurst, John White and Christopher Winch. (shrink)