The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is the federal aspect. (...) The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court. (shrink)

David Theo Goldberg engages Achille Mbembe in a wide-ranging conversation on the key lines of analysis of Mbembe’s book, The Critique of Black Reason. The discussion ranges across a broad swath of key themes: the constitutive feature of racisms in the making of modernity and modern capitalism as conceived through the global black experience; the African and French archives in constituting, resisting, and refashioning ‘black reason’ and its multiple registers; the centrality of slavery to this constitution and resistance; thinghood (...) and humanity; liberalism as the basis for racial pessimism. The discussion closes with Mbembe’s plea for a shared being and an exchange about repair and reparation. (shrink)

Attempts to use Big Data to transform car insurance pricing in France have failed. Why? Three possible explanations are discussed: organisational and cognitive inertia, normative preventions, and deliberate strategy. This article finds that moral or political reluctance has played only a secondary role in the failure of telematics devices. More important has been the deployment of an experimental strategy that has resulted in the conclusion that in the short and medium term at least, the use of big data to rate (...) car insurance is not profitable. There are too many organisational and cognitive barriers to the smooth adoption of innovation. All insurers note they all arrived at this conclusion. An implicit consensus therefore remains to retain the old business model. (shrink)

This monograph presents new ideas in nomic truth approximation. It features original and revised papers from a philosopher of science who has studied the concept for more than 35 years. Over the course of time, the author's initial ideas evolved. He discovered a way to generalize his first theory of nomic truth approximation, viz. by dropping an unnecessarily strong assumption. In particular, he first believed to have to assume that theories were maximally specific in the sense that they did not (...) only exclude certain conceptual possibilities, but also that all non-excluded possibilities were in fact claimed to be nomically possible. Now, he argues that the exclusion claim alone, or for that matter the inclusion claim alone, is sufficient to motivate the formal definition of being closer to the nomic truth. The papers collected here detail this generalized view of nomic truthlikeness or verisimilitude. Besides this, the book presents, in adapted form, the relation with several other topics, such as, domain revision, aesthetic progress, abduction, inference to the best explanation, pragmatic aspects, probabilistic methods, belief revision and epistemological positions, notably constructive realism. Overall, the volume presents profound insight into nomic truth approximation. This idea seeks to determine how one theory can be closer to, or more similar to, the truth about what is nomically, e.g. physically, chemically, biologically, possible than another theory. As a result, it represents the ultimate goal of theory oriented empirical science. Theo Kuipers is the author of Studies in Inductive Probability and Rational Expectation, From Instrumentalism to Constructive Realism and Structures in Science. He is the volume-editor of the Handbook on General Philosophy of Science. In 2005 there appeared two volumes of Essays in Debate with Theo Kuipers, entitled Confirmation, Empirical Progress, and Truth Approximation and Cognitive Structures in Scientific Inquiry. (shrink)

The Knowledge-Based Bio-Economy has gained prominence as an agricultural R&D agenda of the European Union. Specific research policies are justified as necessary to create a KBBE for societal progress. Playing the role of a master narrative, the KBBE attracts rival visions; each favours a different diagnosis of unsustainable agriculture and its remedies in agro-food innovation. Each vision links a technoscientific paradigm with a quality paradigm: the dominant life sciences vision combines converging technologies with decomposability, while a marginal one combines agro-ecology (...) with integral product integrity. From these divergent visions, rival stakeholder networks contend for influence over research policies and priorities, especially within the Framework Programme 7 on Food, Agriculture, Fisheries and Biotechnology, which has aimed to promote a Knowledge-Based Bio-Economy. Although the FAFB programme has favoured a life sciences vision, agro-ecological approaches have gained a presence, thus overcoming their general lock-out from agricultural research agendas. In their own way, each rival paradigm emphasises the need for collective systems to gather information for linking producers with users, as a rationale for the public sector to fund distinctive research priorities. (shrink)

Fueled by ever-growing amounts of (digital) data and advances in artificial intelligence, decision-making in contemporary societies is increasingly delegated to automated processes. Drawing from social science theories and from the emerging body of research about algorithmic appreciation and algorithmic perceptions, the current study explores the extent to which personal characteristics can be linked to perceptions of automated decision-making by AI, and the boundary conditions of these perceptions, namely the extent to which such perceptions differ across media, (public) health, and judicial (...) contexts. Data from a scenario-based survey experiment with a national sample (N = 958) show that people are by and large concerned about risks and have mixed opinions about fairness and usefulness of automated decision-making at a societal level, with general attitudes influenced by individual characteristics. Interestingly, decisions taken automatically by AI were often evaluated on par or even better than human experts for specific decisions. Theoretical and societal implications about these findings are discussed. (shrink)

The naive structuralist definition of truthlikeness is an idealization in the sense that it assumes that all mistaken models of a theory are equally bad. The natural concretization is a refined definition based on an underlying notion of structurelikeness.In Section 1 the naive definition of truthlikeness of theories is presented, using a new conceptual justification, in terms of instantial and explanatory mistakes.

Theo C. Meyering, in “Mind Matters: Physicalism and the Autonomy of the Person,” takes yet a third approach to the issue of reduction. He states that “if (true, downward) mental causation implies nonreducibility [as Stoeger and Murphy argue] and physicalism implies the converse, it is hard to see how these two views could be compatible.” Meyering distinguishes three versions of reductionism: radical (industrial strength) physicalism; ideal (regular strength) physicalism, and mild or token physicalism. Radical physicalism asserts that all special (...) sciences are reducible to physics in the sense that their laws can be deduced via bridge laws from those of physics. Ideal physicalism asserts that while it is practically impossible to reduce the special sciences, such reduction would be possible were there an ideally complete physics" (Note: This distinction parallels Stoeger’s recognition that epistemological reducibility is relative to the meaning of “laws of nature). Token physicalism is ontologically reductionist: there are no events that are not “token-identical” with some physical event or other (Note: See above, sec. 3.3). However, there are no identities between higher-level and lower- level types of events; consequently some events described by the special sciences have no physical explanation at all. -/- All of these reductionist positions are to be contrasted with compositional (milder than mild) physicalism, which asserts that some higher-level events are not even token-identical with physical events because the higher-level event (say, a crash in the stock market) is constituted by innumerable physical particulars in all sorts of states and interactions. -/- Meyering then surveys some of the existing arguments for the nonreducibility of the special sciences. One of the most important is the argument from multiple realizability. The claim is that economics, for example, is not reducible to physics because economic concepts (for example, monetary exchange) are “wildly multiply realizable” (for example, using coins, strings of wampum, signing a check). Thus, there can be no bridge laws and no reduction. Such an argument, however, only cuts against radical physicalism, not the weaker (and a priori more plausible) ideal physicalism. -/- A stronger argument for the indispensability of special-science explanations is based on the role of functional explanations. For example, the functional description of aspirin as an analgesic is in some instances a more useful explanation of its causal role (relieving a headache) than is its description as the chemical level. -/- Meyering’s own contribution focuses neither on multiple realizability of supervenient properties nor on multiple “fillers” of functional roles, but on “multiple supervenience.” In particular, a single subvenient state of affairs (for example, a cloud of free electrons permeating the metal of which a ladder is constructed) may realize a variety of supervenient dispositional properties (in this case, electrical conductivity, thermal conductivity, opacity). An explanation (say, of the cause of a deadly accident) requires reference to the dispositional property (electrical conductivity), not merely to the subvenient property. Meyering argues that it is this possibility of multiple supervenience, not multiple realizability, that gives arguments against reduction based on functional properties their real force. Downward causation, then, can be understood in terms of selective activation of one of several dispositional properties of a lower-level state, and thus can be assigned a stable place in our picture of how the world is organized without upsetting our conception of physics as constituting a closed and complete system of physical events. (shrink)

Text extracted from opening pages of book: HINDU PHILOSOPHY TO MY TEACHER HINDU PHILOSOPHY By THEOS BERNARD, Pn. D. PHILOSOPHICAL LIBRARY New York COPYRIGHT, ...

Social Networking Sites (SNSs) not only enable users to read or create content about brands, but also to easily pass along this content using information diffusion mechanisms such as retweeting or sharing. While these capabilities can be optimal for viral marketing, little is known, however, about how reading brand messages passed along by SNS contacts influences online brand communication outcomes. Results of a survey with active SNS users indicate that (1) message evaluation, (2) the relationship with the sender, and (3) (...) the receiver’s opinion leadership and opinion-seeking levels influence not only the receiver’s intention to pass along the message further, but also his or her attitude towards the brand. The implications of these findings are discussed, including how these capabilities brought on by SNSs change the brand-consumer relationship online. (shrink)

INTRODUCTION When Karl Popper published in' his definition of closer-to-the- truth this was an important intellectual event, but not a shocking one. ...

Since the establishment of the Human Genome Project and the identification of genes in human DNA that play a role in human diseases and disorders, a long, moral and political, battle has began over the extension of IPRs to information contained in human genetic material. According to the Nuffield Council on Bioethics, over the past 20 years, large numbers of human genes have been the subject of thousands of patent applications. This paper examines whether human gene patents can be justified (...) in terms of liberal theories of morality such as natural law, personality development, just reward and social utility. It is argued that human gene patents are in conflict with fundamental principles of liberal morality and justice because they result in "genetic information feudalism". (shrink)

The qualitative theory of nomic truth approximation, presented in Kuipers in his, in which ‘the truth’ concerns the distinction between nomic, e.g. physical, possibilities and impossibilities, rests on a very restrictive assumption, viz. that theories always claim to characterize the boundary between nomic possibilities and impossibilities. Fully recognizing two different functions of theories, viz. excluding and representing, this paper drops this assumption by conceiving theories in development as tuples of postulates and models, where the postulates claim to exclude nomic impossibilities (...) and the models claim to represent nomic possibilities. Revising theories becomes then a matter of adding or revising models and/or postulates in the light of increasing evidence, captured by a special kind of theories, viz. ‘data-theories’. Under the assumption that the data-theory is true, achieving empirical progress in this way provides good reasons for the abductive conclusion that truth approximation has been achieved as well. Here, the notions of truth approximation and empirical progress are formally direct generalizations of the earlier ones. However, truth approximation is now explicitly defined in terms of increasing truth-content and decreasing falsity-content of theories, whereas empirical progress is defined in terms of lasting increased accepted and decreased rejected content in the light of increasing evidence. These definitions are strongly inspired by a paper of Gustavo Cevolani, Vincenzo Crupi and Roberto Festa, viz., “Verisimilitude and belief change for conjunctive theories” :183–222, 2011). (shrink)

"Philosophical Foundations of India" is a 1945 work by Theos Bernard. Within it, he attempts to outline the fundamental principles of the six classic systems of Hindu philosophy, namely: Nyaya, Vaisesika, Samkhya, Yoga, and Vedanta. Presented in a clear, easy-to-understand form, this volume is highly recommended for those looking for an introduction to Indian philosophy and related subjects. Contents: "Preface," "Introduction," "Nyaya," "Vaisesika," "Semkhya," "Yoga," "Mimamsa," "Vedanta," "Kasmir Saivism," "Bibliography," "Glossary." Theos Casimir Bernard (1908-194) was an author and explorer most (...) famous for his work on yoga and religious studies, especially Tibetan Buddhism. Other notable works by this author include: "Heaven Lies Within Us" (1939), and "Penthouse of the Gods" (1939). Many vintage books such as this are increasingly scarce and expensive. It is with this in mind that we are republishing this volume now in an affordable, high-quality, modern edition complete with a specially-commissioned new biography of the author. (shrink)

3 in philosophy, and therefore in metaphilosophy, cannot be based on rules that avoid spending time on pseudo-problems. Of course, this implies that, if one succeeds in demonstrating convincingly the pseudo-character of a problem by giving its 'solution', the time spent on it need not be seen as wasted. We conclude this section with a brief statement of the criteria for concept explication as they have been formulated in several places by Carnap, Hempel and Stegmiiller. Hempel's account is still very (...) adequate for a detailed introduction. The process of explication starts with the identification of one or more vague and, perhaps, ambiguous concepts, the so-called explicanda. Next, one tries to disentangle the ambiguities. This, however, need not be possible at once. Ultimately the explicanda are to be replaced by certain counterparts, the so-called explicata, which have to conform to four requirements. They have to be as precise as possible and as simple as possible. In addition, they have to be useful in the sense that they give rise to the formulation of theories and the solution of problems. The three requirements of preciseness, simplicity and usefulness. have of course to be pursued in all concept formation. (shrink)

It is a well-known fact that the reformer Martin Luther highly esteemed Bernhard of Clairvaux. But what exactly was the significance of Bernhard for him? During the last years some Luther scholars became highly interested in the theological and historical relations between these two remarkable theologians. Recently Franz Posset published an article on this subject in Luther Jahrbuch. He discusses Bernhard of Clairvaux's Sermons of Christmas-time, Lent- and Easter-time as a source for Martin Luther. Theo Bell contributes to this (...) discussion firstly by examining some of the references, which are given by Posset. Did Luther refer to the Bernards second Easter sermon indeed? Was he not familiar at all with his Lenten sermons on Ps. 90? Secondly he argues, that Posset's statement, that Luther is a Bernardus redivivus, is a questionable one. Finally: the main question to the relation Luther-Bernard no longer is: did Luther read Bernard's writings and which ones did he explicitely know, but how did he read and understand them from his sixteenth century point of view? This reception problem should get the proper attention it deserves. (shrink)

This book presents the first accessible analysis of Spinoza's Tractatus Theologico-politicus, situating the work in the context of Spinoza’s general philosophy and its 17th-century historical background. According to Spinoza it is impossible for a being to be infinitely perfect and to have a legislative will. This idea, demonstrated in the Ethics, is presupposed and further elaborated in the Tractatus Theologico-politicus. It implies not only that on the level of truth all revealed religion is false, but also that all authority is (...) of human origin and that all obedience is rooted in a political structure. The consequences for authority as it is used in a religious context are explored: the authority of Scripture, the authority of particular interpretations of Scripture, and the authority of the Church. Verbeek also explores the work of two other philosophers of the period - Hobbes and Descartes - to highlight certain peculiarities of Spinoza's position, and to show the contrasts between their theories. (shrink)

The philosophy of science has lost its self-confidence, witness the lack of advanced textbooks in contrast to the abundance of elementary textbooks. Structures in Science is an advanced textbook that explicates, updates, accommodates, and integrates the best insights of logical-empiricism and its main critics. This `neo-classical approach' aims at providing heuristic patterns for research. The book introduces four ideal types of research programs and reanimates the distinction between observational laws and proper theories. It explicates various patterns of explanation by subsumption (...) and specification as well as structures in reductive and other types of interlevel research. Its analysis of theory evaluation leads to new characterizations of confirmation, empirical progress, and pseudoscience. Partial analogies between progress in nomological research and progress in explicative and design research emerge. Finally, special chapters are devoted to design research programs, computational philosophy of science, the structuralist approach to theories, and research ethics. (shrink)

What meaning does the theological notion of discernment have in a postsecular cultural condition? Three levels of the meaning of postsecular are distinguished: first, the ‘postsecular’, as a notion that characterises a cultural condition, mainly in Western society, full of diverse religious expressions; second, ‘postsecularity’, as a reflective model for interpreting religious expressions and behaviour; and third, ‘postsecularism’, as a cultural-philosophical or theological programme. After elucidating the concept of the postsecular, we consider some key elements in discernment, investigating the subject, (...) the nature and the object of discernment. We then turn to Richard Kearney’s Anatheism as a fine example of how the notion of discernment receives a new usage in postsecular reflection. We ponder upon his idea of discernment as ‘prereflective carnal response to the advent of the Other’ and reflect upon its meaning for postsecular thinking. The concluding section offers a consideration of the meaning of Kearney’s interpretation of discernment for judgement in postsecular culture. (shrink)

Theo Verbeek provides the first book-length examination of the initial reception of Descartes’s written works. Drawing on his research of primary materials written in Dutch and Latin and found in libraries all over Europe, even including the Soviet Union, Theo Verbeek opens a period of Descartes’s life and of the development of Cartesian philosophy that has been virtually closed since Descartes’s death. Verbeek’s aim is to provide as complete a picture as possible of the discussions that accompanied the (...) introduction of Descartes’s philosophy into Dutch universities, especially those in Utrecht and Leiden, and to analyze some of the major problems that philosophy raised in the eyes of Aristotelian philosophers and orthodox theologians. The period covered extends from 1637, the year in which Descartes published his _Discours de la Méthode, _until his death in 1650. Verbeek demonstrates how Cartesian philosophy moved successfully into the schools and universities of Holland and how this resulted in a real evolution of Descartes’s thought beyond the somewhat dogmatic position of Descartes himself. Verbeek further argues that this progression was an essential step in the universal propagation of Cartesian philosophy throughout Europe during the second half of the seventeenth century. As he details the disputes between Cartesians and anti-Cartesians in Holland, Verbeek shows how the questions raised were related on the one hand to religious conflicts between the Remonstrants and the Orthodox Calvinists and on the other hand to political conflicts between more liberal factions fighting for the union of church and state to enhance religious control of society in general. Contending that Descartes and Cartesian philosophy were central to the development of the modern Dutch state, Verbeek illuminates the role they played in Dutch political, religious, and intellectual life. (shrink)

"When a country legalizes active euthanasia, it puts itself on a slippery slope from where it may well go further downward." If true, this is a forceful argument in the battle of those who try to prevent euthanasia from becoming legal. The force of any slippery slope argument, however, is by definition limited by its reference to future developments which cannot empirically be sustained. Experience in the Netherlands—where a law regulating active euthanasia was accepted in April 2001—may shed light on (...) the strengths as well as the weaknesses of the slippery slope argument in the context of the euthanasia debate. This paper consists of three parts. First, it clarifies the Dutch legislation on euthanasia and explains the cultural context in which it originated. Second, it looks at the argument of the slippery slope. A logical and an empirical version are distinguished, and the latter, though philosophically less interesting, proves to be most relevant in the discussion on euthanasia. Thirdly, it addresses the question whether Dutch experiences in the process of legalizing euthanasia justify the fear of a slippery slope. The conclusion is that Dutch experiences justify some caution. (shrink)

Peptidylprolyl‐isomerases (PPIases) comprise of the protein families of FK506 binding proteins (FKBPs), cyclophilins, and parvulins. Their common feature is their ability to expedite the transition of peptidylprolyl bonds between the cis and the trans conformation. Thus, it seemed highly plausible that PPIase enzymatic activity is crucial for protein folding. However, this has been difficult to prove over the decades since their discovery. In parallel, more and more studies have discovered scaffolding functions of PPIases. This essay discusses the hypothesis that PPIase (...) enzymatic activity might be the consequence of binding to peptidylprolyl protein motifs. The main focus of this paper is the large immunophilins FKBP51 and FKBP52, but other PPIases such as cyclophilin A and Pin1 are also described. From the hypothesis, it follows that the PPIase activity of these proteins might be less relevant, if at all, than the organization of protein complexes through versatile protein binding. Also see the video abstract here https://youtu.be/A33la0dx5LE. (shrink)