This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

Sven Erik Nordenbo; Bildung and the Thinking of Bildung, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages 341–352, https://doi.or.

As an extension of the well-known Action Description Language A introduced by M. Gelfond and V. Lifschitz [8] C. Baral and M. Gelfond recently defined the diafect AC which supports the description of concurrent actions [1]. Also, a sound but incomplete encoding of AC by means of an extended logic program was presented there. In this paper, we work on interpretations of contradictory inferences from partial action descriptions. Employing an interpretation different from the one implicitly used in AC, we present (...) a new dialect which allows to infer sound information from contradictory descriptions and to describe non-determinism and uncertainty. Furthermore, we give the first sound and complete encoding of AC, using equational logic programming, and extend it to as well. (shrink)

Sven Erik Nordenbo; Pluralism, Relativism and the Neutral Teacher, Journal of Philosophy of Education, Volume 12, Issue 1, 30 May 2006, Pages 129–139, https://d.

Fresh look at how Jewish intellectuals thought about Judaism within a German philosophical tradition.

The article analyses some of the central ideas of the Movement Against Education (die Anti-Pädagogik). First the inspiration supplied by ‘anti-psychiatry’ is noted. Secondly, an example of everyday ‘educational interference’ is discussed from the perspective of the Movement's ideas. Thirdly, the elements of education the Movement considers outrageous, and so demands the abolition of all educational activity, are discussed. It is concluded that the Movement still raises questions about the general understanding of educational theory and practice today, in particular about (...) the justification of educational intervention and compulsion in a context of scepticism about natural development, absolute values or the predictability of the future. (shrink)

This chapter contains sections titled: Introduction Historical Perspective Progressivism: Five Themes Progressivism Today.

A representation theorem is obtained for contraction operators that are based on Levi's recent proposal that selection functions should be applied to the set of saturatable contractions, rather than to maximal subsets as in the AGM framework. Furthermore, it is shown that Levi's proposal to base the selection on a weakly monotonic measure of informational value guarantees the satisfaction of both of Gärdenfors' supplementary postulates for contraction. These results indicate that Levi has succeeded in constructing a well-behaved operation of contraction (...) that does not satisfy the postulate of recovery. (shrink)

We prove that four theses commonly associated with coherentism are incompatible with the representation of a belief state as a logically closed set of sentences. The result is applied to the conventional coherence interpretation of the AGM theory of belief revision, which appears not to be tenable. Our argument also counts against the coherentistic acceptability of a certain form of propositional holism. We argue that the problems arise as an effect of ignoring the distinction between derived and non-derived beliefs, and (...) we suggest that the kind of coherence relevant to epistemic justification is the coherence of non-derived beliefs. (shrink)

Dieses Buch versammelt einige der führenden Köpfe heutiger pragmatischer Philosophie zu einem konstruktiven Gespräch über die Zukunft des Pragmatismus. Robert B. Brandom, dessen Theorie der Bedeutung im Mittelpunkt mehrerer Beiträge des Bandes steht, hat das Einleitungskapitel geschrieben. Sämtliche zentrale Problemstellungen der pragmatischen Tradition werden aus teilweise sehr unterschiedlichen Perspektiven eingehend beleuchtet. Neben den Artikeln von Brandom und den Herausgebern, André Fuhrmann und Erik J. Olsson, enthält das Buch Originalbeiträge von Michael Esfeld, Wolfram Hinzen, Friedrich Kambartel, Isaac Levi, Ulrich Metschl, (...) Cheryl Misak, Jaroslav Peregrin, Sven Rosenkranz, Hans Rott und Pirmin Stekeler-Weithofer. (shrink)

Sven-Ove Hansson and Erik Olsson studied in Hansson and Olsson, 103–119 1995) the logical properties of an operation of contraction first proposed by Isaac Levi in Levi. They provided a completeness result for the simplest version of contraction that they call Levi-contraction but left open the problem of characterizing axiomatically the more complex operation of value-based contraction or saturatable contraction. In this paper we propose an axiomatization for this operation and prove a completeness result for it. We argue (...) that the resulting operation is better behaved than various rival operations of contraction defined in recent years. (shrink)

Sven-Ove Hansson and Erik Olsson studied in [7] the logical properties of an operation of contraction first proposed by Isaac Levi in [10]. They provided a completeness result for the simplest version of contraction that they call Levicontraction but left open the problem of characterizing axiomatically the more complex operation of value-based contraction or saturatable contraction. In this paper we propose an axiomatization for this operation and prove a completeness result for it. We argue that the resulting operation (...) is better behaved than various rival operations of contraction defined in recent years. (shrink)

This book investigates central issues in the philosophy of memory. Does remembering require a causal process connecting the past representation to its subsequent recall and, if so, what is the nature of the causal process? Of what kind are the primary intentional objects of memory states? How do we know that our memory experiences portray things the way they happened in the past? Given that our memory is not only a passive device for reproducing thoughts but also an active device (...) for processing stored thoughts, when are thoughts sufficiently similar to be memory-related? The Metaphysics of Memory defends a version of the causal theory of memory, argues for direct realism about memory, proposes an externalist response to skepticism about memory knowledge, and develops a contextualist account of the factivity constraint on memory. (shrink)

Daniel M. Hausman holds that preferences in economics are total subjective comparative evaluations—subjective judgments to the effect that something is better than something else all things told—and that economists are right to employ this conception of preference. Here, I argue against both parts of Hausman’s thesis. The failure of Hausman’s account, I continue, reflects a deeper problem, that is, that preferences in economics do not need an explicit definition of the kind that he seeks. Nonetheless, Hausman’s labors were not in (...) vain: his accomplishment is that he has articulated a useful model of the theory. (shrink)

This book is a comprehensive account of what it means to try to quantify health in distributing resources for health care. It examines the concept of QALYs which supposedly makes it more accurate to talk about life in terms of both quality and quantity of years lived when referring to health care policy. It offers an elegant new approach to comparing the costs and benefits of medical interventions. Cost-Utility Analysis is a method designed by economists to aid decision makers distribute (...) scarce resources to areas of health care where they will yield the greatest benefits. Erik Nord questions the feasibility of measuring patients' quality of life meaningfully in numerical terms, as CUA presupposes. He presents an alternative approach called cost-value analysis in which representative samples of the general public express preferences between different health-care programs. In this approach, subjects are allowed to include concerns for fairness that go beyond concerns for efficiency of conventional health economics. (shrink)

Memory occupies a fundamental place in philosophy, playing a central role not only in the history of philosophy but also in philosophy of mind, epistemology, and ethics. Yet the philosophy of memory has only recently emerged as an area of study and research in its own right. -/- The Routledge Handbook of Philosophy of Memory is an outstanding reference source on the key topics, problems and debates in this exciting area, and is the first philosophical collection of its kind. The (...) forty-eight chapters are written by an international team of contributors, and divided into nine parts: -/- The nature of memory The metaphysics of memory Memory, mind and meaning Memory and the self Memory and time The social dimension of memory The epistemology of memory Memory and morality History of philosophy of memory. -/- Within these sections, central topics and problems are examined, including: truth, consciousness, imagination, emotion, self-knowledge, narrative, personal identity, time, collective and social memory, internalism and externalism, and the ethics of memory. The final part examines figures in the history of philosophy, including Aristotle, Augustine, Freud, Bergson, Wittgenstein and Heidegger, as well as perspectives on memory in Indian and Chinese philosophy. -/- Essential reading for students and researchers in philosophy, particularly philosophy of mind and psychology, the Handbook will also be of interest to those in related fields, such as psychology and anthropology. (shrink)

One can (for the most part) formulate a model of a classical system in either the Lagrangian or the Hamiltonian framework. Though it is often thought that those two formulations are equivalent in all important ways, this is not true: the underlying geometrical structures one uses to formulate each theory are not isomorphic. This raises the question of whether one of the two is a more natural framework for the representation of classical systems. In the event, the answer is yes: (...) I state and sketch proofs of two technical results—inspired by simple physical arguments about the generic properties of classical systems—to the effect that, in a precise sense, classical systems evince exactly the geometric structure Lagrangian mechanics provides for the representation of systems, and none provided by Hamiltonian. The argument not only clarifies the conceptual structure of the two systems of mechanics, but also their relations to each other and their respective mechanisms for representing physical systems. It also shows why naïvely structural approaches to the representational content of physical theories cannot work. [Lagrange] grasped that he had gained a method of stating dynamical truths in a way, which is perfectly indifferent to the particular methods of measurement employed in fixing the positions of the various parts of the system. Accordingly, he went on to deduce equations of motion, which are equally applicable whatever quantitative measurements have been made, provided that they are adequate to fix positions. The beauty and almost divine simplicity of these equations is such that these formulae are worthy to rank with those mysterious symbols which in ancient times were held directly to indicate the Supreme Reason at the base of all things. (Whitehead [1948], p. 63)1. Introduction2.Classical Systems3. The Possible Interactions of a Classical System and the Structure of Its Space of States4. Classical Systems Are Lagrangian5. Classical Systems Are Not Hamiltonian6. How Lagrangian and Hamiltonian Mechanics Represent Classical Systems7. The Conceptual Structure of Classical Mechanics. (shrink)

The global method safety account of knowledge states that an agent’s true belief that p is safe and qualifies as knowledge if and only if it is formed by method M, such that her beliefs in p and her beliefs in relevantly similar propositions formed by M in all nearby worlds are true. This paper argues that global method safety is too restrictive. First, the agent may not know relevantly similar propositions via M because the belief that p is the (...) only possible outcome of M. Second, there are cases where there is a fine-grained belief that is unsafe and a relevantly similar coarse-grained belief that is safe and where both beliefs are based on the same method M. Third, the reliability of conditional reasoning, a basic belief-forming method, seems to be sensitive to fine-grained contents, as suggested by the wide variation in success rates for thematic versions of the Wason selection task. (shrink)

This paper examines the notion of “subjective well-being” as it is used in literature on subjective measures of well-being. I argue that those who employ the notion differ at least superficially on at least two points: first, about the relationship between subjective well-being and well-being simpliciter, and second, about the constituents of subjective well-being. In an effort to reconcile the differences, I propose an interpretation according to which subjective measures presuppose preference hedonism: an account according to which well-being is a (...) matter of desired mental states. (shrink)

The present paper revisits the issue of rational decision making in John Rawls' original position. Drawing on Isaac Levi's theory of decision, I discuss how we can defend Rawls against John C. Harsanyi's charge that maximin reasoning in the original position is irrational. The discussion suggests that systematic application of Levi's theory is likely to have important consequences for ethics and political theory as well as for public policy.

This paper provides a novel argument for granting memory the status of a generative source of justification and knowledge. Memory can produce justified output beliefs and knowledge on the basis of unjustified input beliefs alone. The key to understanding how memory can generate justification and knowledge, memory generativism, is to bear in mind that memory frequently omits part of the stored information. The proposed argument depends on a broadly reliabilist approach to justification.

I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...) establish it as a marker for morality from a theoretical standpoint. This means that when it comes to evaluating the moral capabilities of others, rationality can be neither necessary nor sufficient for morality, leaving open the possibility of other empirical markers for moral responsibility. I argue that the higher faculties, character, implicit knowledge of universality, and antecedent practical pleasures (which provide a way to distinguish between morally motivated behaviour and other types of socially motivated behaviour) can all serve as empirical markers for morality. There is empirical evidence that at least some animals have conceptual capabilities and therefore the empirical marker of the higher faculties. In addition, there is suggestive evidence that merits further investigation for the other three markers. While this will not provide a definitive answer on whether animals are capable of acting morally, it will provide a Kantian outlook that can be used to evaluate empirical and philosophical work on animal morality. (shrink)

This paper challenges the standard conception of memory as a form of knowledge. Unlike knowledge, memory implies neither belief nor justification.

Principles of need are constantly referred to in health care priority setting. The common denominator for any principle of need is that it will ascribe some kind of special normative weight to people being worse off. However, this common ground does not answer the question how a plausible principle of need should relate to the aggregation of benefits across individuals. Principles of need are sometimes stated as being incompatible with aggregation and sometimes characterized as accepting aggregation in much the same (...) way as utilitarians do. In this paper we argue that if one wants to take principles of need seriously both of these positions have unreasonable implications. We then characterize and defend a principle of need consisting of sufficientarian elements as well as prioritarian which avoids these unreasonable implications. (shrink)

The increasing strategic importance of environmental, social and ethical issues as well as related performance measures has spurred interest in corporate sustainability performance measurement and management systems. This paper focuses on the balanced scorecard, a performance measurement and management system aiming at balancing financial and non-financial as well as short and long-term measures. Modifications to the original BSC which explicitly consider environmental, social or ethical issues are often referred to as sustainability balanced scorecards. There is much scholarly discussion about SBSC (...) architecture and how it can be designed to relate performance dimensions, strategic objectives and the logical links among these elements. To synthesise the widely scattered research findings and publications on the SBSC, we conducted a thematic analysis based on a systematic literature review containing 69 relevant articles spanning a period of two decades. We found that sustainability-oriented modifications of the BSC architecture are motivated by instrumental, social/political or normative theoretical perspectives. Moreover, these modifications can be mapped with a typology of generic SBSC architectures. The first dimension of the typology describes the hierarchy between performance perspectives and strategic objectives and how it is related to the organisational value system. The second dimension describes how sustainability-related strategic objectives are integrated into SBSC performance perspectives and how this is related to corporate sustainability strategy. This study contributes to the development of the emerging SBSC literature and practice and, more generally, to research on corporate sustainability performance measurement and management. We conclude with a research agenda and implications for management. (shrink)

One generally considered plausible way to allocate resources in health care is according to people’s needs. In this paper I focus on a somewhat overlooked issue, that is the conceptual structure of health care needs. It is argued that what conceptual understanding of needs one has is decisive in the assessment of what qualifies as a health care need and what does not. The aim for this paper is a clarification of the concept of health care need with a starting (...) point in the general philosophical discussion about needs. I outline three approaches to the concept of need and argue that they all share the same conceptual underpinnings. The concept of need is then analyzed in terms of a subject x needing some object y in order to achieve some goal z. I then discuss the relevant features of the object y and the goal z which make a given need qualify as a health care need and not just a need for anything. (shrink)

An energy condition, in the context of a wide class of spacetime theories, is, crudely speaking, a relation one demands the stress-energy tensor of matter satisfy in order to try to capture the idea that "energy should be positive". The remarkable fact I will discuss in this paper is that such simple, general, almost trivial seeming propositions have profound and far-reaching import for our understanding of the structure of relativistic spacetimes. It is therefore especially surprising when one also learns that (...) we have no clear understanding of the nature of these conditions, what theoretical status they have with respect to fundamental physics, what epistemic status they may have, when we should and should not expect them to be satisfied, and even in many cases how they and their consequences should be interpreted physically. Or so I shall argue, by a detailed analysis of the technical and conceptual character of all the standard conditions used in physics today, including examination of their consequences and the circumstances in which they are believed to be violated. (shrink)

This book is a comprehensive account of what it means to try to quantify health in distributing resources for health care. It examines the concept of QALYs which supposedly makes it more accurate to talk about life in terms of both quality and quantity of years lived when referring to health care policy. It offers an elegant new approach to comparing the costs and benefits of medical interventions. Cost-Utility Analysis is a method designed by economists to aid decision makers distribute (...) scarce resources to areas of health care where they will yield the greatest benefits. Erik Nord questions the feasibility of measuring patients' quality of life meaningfully in numerical terms, as CUA presupposes. He presents an alternative approach called cost-value analysis in which representative samples of the general public express preferences between different health-care programs. In this approach, subjects are allowed to include concerns for fairness that go beyond concerns for efficiency of conventional health economics. (shrink)

This paper argues that for someone to know proposition p inferentially it is not enough that his belief in p and his justification for believing p covary with the truth of p through a sphere of possibilities. A further condition on inferential knowledge is that p's truth-maker is identical with, or causally related to, the state of affairs the justification is grounded in. This position is dubbed ‘identificationism.’.

In this paper we explore the relation between health-care needs and patients’ desires within shared decision-making in a context of priority setting in health care. We begin by outlining some general characteristics of the concept of health-care need as well as the notions of SDM and desire. Secondly we will discuss how to distinguish between needs and desires for health care. Thirdly we present three cases which all aim to bring out and discuss a number of queries which seem to (...) arise due to the double focus on a patient’s need and what that patient desires. These queries regard the following themes: the objectivity and moral force of needs, the prediction about what kind of patients which will appear on a micro level, implications for ranking in priority setting, difficulties regarding assessing and comparing benefits, and implications for evidence-based medicine. (shrink)

Intensive research is carried out to develop a disease-modifying drug for Alzheimer’s disease. The development of drug candidates that reduce Aß or tau in the brain seems particularly promising. However, these drugs target people at risk for AD, who must be identified before they have any, or only moderate, symptoms associated with the disease. There are different strategies that may be used to identify these individuals. Each of these strategies raises different ethical challenges. In this paper, we analyse these challenges (...) in relation to the risk stratification for AD necessary for using these drugs. We conclude that the new drugs must generate large health benefits for people at risk of developing AD to justify the ethical costs associated with current risk stratification methods, benefits much larger than current drug candidates have. This conclusion raises a new set of ethical questions that should be further discussed. No data are available. (shrink)

Tyler Burge and other externalists about mental content have tried to accommodate privileged self-knowledge and to neutralize skepticism about one's ability to authoritatively know one's present thoughts. I show that, though Burgean compatibilism explains knowing it is p I believe, it doesn't explain how I can have privileged knowledge that the state I occupy is a state of believing rather than, say, a state of doubting. Moreover, given externalism, self-knowledge of attitudinal component is vulnerable to a certain kind of error (...) and so doesn't have the same kind of privilege as self-knowledge of current content. (shrink)

It is widely thought that if knowledge requires sensitivity, knowledge is not closed because sensitivity is not closed. This paper argues that there is no valid argument from sensitivity failure to non-closure of knowledge. Sensitivity does not imply non-closure of knowledge. Closure considerations cannot be used to adjudicate between safety and sensitivity accounts of knowledge.

Much controversy surrounds the question of what ought to be the proper definition of 'singularity' in general relativity, and the question of whether the prediction of such entities leads to a crisis for the theory. I argue that a definition in terms of curve incompleteness is adequate, and in particular that the idea that singularities correspond to 'missing points' has insurmountable problems. I conclude that singularities per se pose no serious problem for the theory, but their analysis does bring into (...) focus several problems of interpretation at the foundation of the theory often ignored in the philosophical literature. (shrink)