Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common (...) features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meeschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

Name der Zeitschrift: Cognitive Linguistics Jahrgang: 26 Heft: 2 Seiten: 211-260.

Among various changing views on sex and gender, transsexualism, theoretically as well as clinically, raises a paradoxical issue: transsexual subjects seem to confirm something that they simultaneously disclaim or, at least, destabilize with their transition. These days psychoanalysis remains rather critical towards transsexualism. Jacques Lacan has developed several theories on sex and gender, reworking them during the course of his lifetime. That is why his work includes possibilities of understanding transsexual phenomena at the level of singular solutions that he himself, (...) especially with respect to some of his earlier cases, has not been able to formulate. (shrink)

It is an assumption common to many theories of rationality that all practical reasons are based on a person's given desires. I shall call any approach to practical reasons which accepts this assumption a "Humean approach". In spite of many criticisms, the Humean approach has numerous followers who take it to be the natural and inevitable view of practical reason. I will develop an argument against the Humean view aiming to explain its appeal, as well as to expose its mistake. (...) I focus on just one argument in favour of the Humean approach, which I believe can be constructed as the background idea of many Humean accounts: the argument from motivation. (shrink)

Wang (_Philosophy & Technology_ 35, 2022) introduces a Foucauldian power account of algorithmic transparency. This short commentary explores when this power account is appropriate. It is first observed that the power account is a constructionist one, and that such accounts often come with both factual and evaluative claims. In an instance of Hume’s law, the evaluative claims do not follow from the factual claims, leaving open the question of how much constructionist commitment (Hacking, 1999) one should have. The concept of (...) acts in equilibrium (Nozick, 1981) is then used to explain how different individuals reading Wang can end up with different evaluative attitudes towards algorithmic transparency, despite factual agreement. The commentary concludes by situating constructionist commitment inside a larger question of how much to think of our actions, identifying conflicting arguments. (shrink)

Freuds Entwurf von »Trauer und Melancholie« vom Februar 1915, der 1996 publiziert wurde, steht im Zentrum der Untersuchung. Nach einer Zusammenfassung der Thesen des Entwurfs werden Ferenczis und Abrahams Reaktionen auf den Text sowie Freuds Kommentar zu ihren Stellungnahmen dargestellt. Freuds partielle Übernahme von Ferenczis Introjektion und seine Zurückhaltung gegenüber Abrahams »Munderotik und Sadismus« werden erörtert sowie die Frage, ob und inwiefern die Einwürfe der Schüler in die Endfassung von »Trauer und Melancholie« einflossen, insbesondere Abrahams theoretischer Ansatz. Abschließend wird der (...) Begriff der narzisstischen Identifizierung, der den Kern von Freuds Verständnis der Depression bildet, mit seinen aus der gleichen Zeit stammenden Ausführungen über die »Vorstufen der Liebe« zu einem Bild der narzisstischen Beziehung zwischen Subjekt und Objekt zusammengefügt, unter Betonung der klinischen Relevanz der von Freud entwickelten Differenz zwischen der narzisstischen und libidinösen Besetzung des Objekts. (shrink)

Das Placebo - konzipiert, um die Wirksamkeit des Arzneimittels objektiv zu überprüfen - entfaltet selbst unterschiedliche Eigenschaften und erzeugt vielfältige Effekte. Anhand von Vertreter_innen der Philosophie, wie Fleck, Rheinberger, Foucault, Baudrillard, Latour und Haraway, zeigt Ulrike Neumaier, dass sich - stellt man das Placebo in den Mittelpunkt einer Untersuchung - nicht nur in der Medizin Begriffe wie »Krankheit« und »Körper« verändern. Vielmehr wird sichtbar, wie Wissenschaft, Technik und Gesellschaft sich vernetzen, wie sich dadurch der Begriff von »Wissenschaft« wandelt und (...) warum vom Zeitalter der Technowissenschaften gesprochen werden kann. (shrink)

2. The mouth: Sexuality and metaphysics.

Aus philosophischer Perspektive diskutiert Ulrike Kleemeiers Studie einer Reihe auch aktuelle wieder sehr brisanter Probleme. Analysiert werden der Begriff des Krieges ebenso wie die Ursachen von Kriegen und die Kriegsprävention. Dabei untersucht die Autorin auch den Zusammenhang von Krieg und Gerechtigkeit bzw. Krieg und Recht, das Verhältnis von Krieg und Politik, das Problem des Bürgerkriegs sowie die Bedeutung kriegerisch-militärischer Tugenden und Kompetenzen. Die Auseinandersetzung erfolgt in exemplarischer Form anhand der Theorien von Platon, Hobbes und Clausewitz. Der Arbeit liegt die (...) Annahme zugrunde, dass eine Theorie des Krieges sinnvoll nur in einem interdisziplinären Bezugsrahmen entwickelt werden kann. Deshalb wendet sich dieses Buch an Fachphilosophen genauso wie an alle anderen am Thema Krieg interessierten Forscher, etwas an Historiker, Politologen und Sozialwissenschaftler. (shrink)

Recent advances in artificial intelligence offer many beneficial prospects. However, concerns have been raised about the opacity of decisions made by these systems, some of which have turned out to be biased in various ways. This article makes a contribution to a growing body of literature on how to make systems for automated decision-making more transparent, explainable, and fair by drawing attention to and further elaborating a distinction first made by Nozick between first-level bias in the application of standards and (...) second-level bias in the choice of standards, as well as a second distinction between discrimination and arbitrariness. Applying the typology developed, a number of illuminating observations are made. First, it is observed that some reported bias in automated decision-making is first-level arbitrariness, which can be alleviated by explainability techniques. However, such techniques have only a limited potential to alleviate first-level discrimination. Second, it is argued that second-level arbitrariness is probably quite common in automated decision-making. In contrast to first-level arbitrariness, however, second-level arbitrariness is not straightforward to detect automatically. Third, the prospects for alleviating arbitrariness are discussed. It is argued that detecting and alleviating second-level arbitrariness is a profound problem because there are many contrasting and sometimes conflicting standards from which to choose, and even when we make intentional efforts to choose standards for good reasons, some second-level arbitrariness remains. (shrink)

The 13th century poet Bruder Wernher is considered the successor of Walther von der Vogelweide in the history of Sangspruchdichtung. For many years, the only access to Wernher s Sangspruche was the complete edition published in 1904/5. The present edition has reedited Bruder Wernher s works in keeping with today s textual standards.".

Bei Kant tauchen viele antike Autoren und Theorien auf. In dieser ersten Gesamtbearbeitung zum Thema wird gegen eine langjährige Forschungsmeinung gezeigt, dass nicht so sehr Platon und Aristoteles als vielmehr der hellenistischen Philosophie die entscheidende Rolle für sein Denken zukommt. Anhand der drei Kritiken werden Konstanzen und Umbrüche seines Antikeverständnisses herausgearbeitet und in ihren Konsequenzen für die Kantdeutung beleuchtet.

Before the EU General Data Protection Regulation entered into force in May 2018, we witnessed an intense struggle of actors associated with data-dependent fields of science, in particular health-related academia and biobanks striving for legal derogations for data reuse in research. These actors engaged in a similar line of argument and formed issue alliances to pool their collective power. Using descriptive coding followed by an interpretive analysis, this article investigates the argumentative repertoire of these actors and embeds the analysis in (...) ethical debates on data sharing and biobank-related data governance. We observe efforts to perform a paradigmatic shift of the discourse around the General Data Protection Regulation-implementation away from ‘protecting data’ as key concern to ‘protecting health’ of individuals and societies at large. Instead of data protection, the key risks stressed by health researchers became potential obstacles to research. In line, exchange of information with data subjects is not a key concern in the arguments of biobank-related actors and it is assumed that patients want ‘their’ data to be used. We interpret these narratives as a ‘reaction’ to potential restrictions for data reuse and in line with a broader trend towards Big Data science, as the very idea of biobanking is conceptualized around long-term use of readily prepared data. We conclude that a sustainable implementation of biobanks needs not only to comply with the General Data Protection Regulation, but must proactively re-imagine its relation to citizens and data subjects in order to account for the various ways that science gets entangled with society. (shrink)

Background: Recent research has demonstrated that depressed individuals show impairments in inhibiting irrelevant emotional material, and that these impairments are linked to rumination. Cognitive inhibition, however, is not a unitary construct but consists of several components which operate at different stages of information processing. The present study was designed to assess two components of inhibition and examine their relation to depression and rumination in a sample of clinically depressed and healthy control participants. Methods: Twenty-two individuals diagnosed with a current depressive (...) episode and 27 never-disordered control participants completed an Emotional Flanker Task to assess individual differences in interference control and a modification of the Working Memory Selection Task to assess individual differences in the ability to discard no longer relevant emotional material from working memory. Participants completed self-report measures to assess depressive symptoms and rumination. Results: Clinically depressed compared to control participants showed significantly reduced interference control of irrelevant negative information. The groups, however, did not differ in their ability to discard no longer relevant negative information from working memory. In contrast, rumination was associated with difficulty removing no longer relevant negative material from working memory but not with deficits in interference control. Conclusions: Results highlight the importance of differentiating among components of inhibition to gain a better understanding of cognitive mechanisms underlying depression and rumination. (shrink)

In this paper, I argue that a person can have a reason to do what she cannot do. In a nutshell, the argument is that a person can have derivate reasons relating to an action that she has a non-derivative reason to perform. There are clear examples of derivative reasons that a person has in cases where she cannot do what she (non-derivatively) has reason to do. She couldn’t have those derivative reasons, unless she also had the non-derivative reason to (...) do what she cannot do. I discuss a number of objections to this view, in particular two: (1) The objection that if there were reasons to do what one cannot do, many of those would be ‘crazy reasons’, and (2) the worry that if there were such reasons, then agents would have reasons to engage in futile deliberations and tryings. I develop an explanation of ‘crazy reasons’ that shows that not all reasons to do the impossible are crazy and only those that are need to be filtered out, and, regarding the second objecting, I show that the reasons for trying as well as for taking the means to doing something—instrumental reasons in a broad sense—are different from the reasons for performing the action in the first place. They are affected by impossibility, and we can explain why that is so. The view I argue for is that a person may have a reason to do what she cannot do, but she does not have a reason to try to do so or to take means to realizing the impossible. (shrink)

Argumentation is pervasive in everyday life. Understanding what makes a strong argument is therefore of both theoretical and practical interest. One factor that seems intuitively important to the strength of an argument is the reliability of the source providing it. Whilst traditional approaches to argument evaluation are silent on this issue, the Bayesian approach to argumentation (Hahn & Oaksford, 2007) is able to capture important aspects of source reliability. In particular, the Bayesian approach predicts that argument content and source reliability (...) should interact to determine argument strength. In this paper, we outline the approach and then demonstrate the importance of source reliability in two empirical studies. These experiments show the multiplicative relationship between the content and the source of the argument predicted by the Bayesian framework. (shrink)

The buck-passing account of value (BPA) is very fertile ground that has given rise to a number of interpretations and controversies. It has originally been proposed by T.M. Scanlon as an analysis of value: according to it, being good ‘is not a property that itself provides a reason to respond to a thing in certain ways. Rather, to be good or valuable is to have other properties that constitute such reasons’. Buck-passing stands in a complicated relation to the fitting-attitude analysis (...) of normativity that reaches back to the work of Brentano and Ewing. Proponents of FA-analysis hold that, as a matter of the conceptual analysis of ‘good’, something is good if it is fitting to have pro-attitudes of a certain kind towards it. The ambition of FA-analysis is to explain all practical normativity in terms of the fittingness of attitudes, which – while being itself a normative concept – is the only normative concept which grounds all others. Wlodek Rabinowicz and Toni Rønnow-Rasmussen welcomed BPA as a contemporary version of FA-analysis, and others have followed this suggestion. But whether BPA should be regarded as a version of FA-analysis is a moot point. In section I, I show that BPA is not as obviously a successor of the fitting-attitude analysis of value as some have thought. The much discussed wrong-kind-of-reasons (for short: WKR) problem afflicts buck-passing only in so far as it incorporates a version of FA analysis, or at any rate is expressed in terms of reasons for attitudes. There can be a buck-passing account of value which is not affected by the problem: one that limits the account to reasons for actions (rather than attitudes). However, insofar as BPA does inherit elements of FA analysis, it also has a WKR problem. In section II, I discuss this problem and its solution. I show that it has been misidentified in the current literature, and that – once we understand the problem correctly – its solution is likely to be unavailable to the buck-passer. Hence we should reject any account of BPA that incorporates FA analysis. That leaves us with versions which do not: versions that formulate BPA in terms of reasons for actions only, rather than reasons for attitudes. Finally, in section III, I discuss why buck-passing seemed to be appealing to begin with, and whether a version of BPA that does not incorporate FA analysis is a viable contender of the account – beyond the WKR problem. (shrink)

We examine in detail three classic reasoning fallacies, that is, supposedly ``incorrect'' forms of argument. These are the so-called argumentam ad ignorantiam, the circular argument or petitio principii, and the slippery slope argument. In each case, the argument type is shown to match structurally arguments which are widely accepted. This suggests that it is not the form of the arguments as such that is problematic but rather something about the content of those examples with which they are typically justified. This (...) leads to a Bayesian reanalysis of these classic argument forms and a reformulation of the conditions under which they do or do not constitute legitimate forms of argumentation. (shrink)

Our beliefs and opinions are shaped by others, making our social networks crucial in determining what we believe to be true. Sometimes this is for the good because our peers help us form a more accurate opinion. Sometimes it is for the worse because we are led astray. In this context, we address via agent-based computer simulations the extent to which patterns of connectivity within our social networks affect the likelihood that initially undecided agents in a network converge on a (...) true opinion following group deliberation. The model incorporates a fine-grained and realistic representation of belief and trust, and it allows agents to consult outside information sources. We study a wide range of network structures and provide a detailed statistical analysis concerning the exact contribution of various network metrics to collective competence. Our results highlight and explain the collective risks involved in an overly networked or partitioned society. Specifically, we find that 96% of the variation in collective competence across networks can be attributed to differences in amount of connectivity and clustering, which are negatively correlated with collective competence. A study of bandwagon or “group think” effects indicates that both connectivity and clustering increase the probability that the network, wholly or partly, locks into a false opinion. Our work is interestingly related to Gerhard Schurz’s work on meta-induction and can be seen as broadly addressing a practical limitation of his approach. (shrink)

As more decisions are made by automated algorithmic systems, the transparency of these systems has come under scrutiny. While such transparency is typically seen as beneficial, there is a also a critical, Foucauldian account of it. From this perspective, worries have recently been articulated that algorithmic transparency can be used for manipulation, as part of a disciplinary power structure. Klenk (Philosophy & Technology 36, 79, 2023) recently argued that such manipulation should not be understood as exploitation of vulnerable victims, but (...) rather as indifference to whether the information provided enhances decision-making by revealing reasons. This short commentary on Klenk uses Berlin’s (1958) two concepts of liberty to further illuminate the concept of transparency as manipulation, finding alignment between positive liberty and the critical account. (shrink)

Taking as a starting point the reality of a worldwide return of religion in the cultural and political spheres, the article undertakes a comparative examination of the role of gender metaphors and performance in building of new religious groups as "imagined communities". These groups have increasingly taken the form of fundamentalist and Islamist networks, especially in non-European regions including the United States, and in the context of,,new wars.".

SINCE SEPTEMBER 11, 2001, THE DEBATE ON RELIGION AND POLITICS HAS attracted considerable attention. One of the problems in this discussion has been the challenge to find a common ground of discourse while maintaining the identity of diverse worldviews. In this essay I argue—from a Christian viewpoint—that a reformulated understanding of the secular, understood as saeculum, may serve as the source of a view of the plenitude of human reality that overcomes this tension. Drawing on the theologies of Dietrich Bonhoeffer (...) and John Milbank, I argue that human reality is always partaking in divine reality, and as such there is no being apart from God. In the light of this view, I endorse a Christological affirmation of reality that enables us to move beyond an antagonism of secular and religious worldviews and ethics. (shrink)

This paper investigates the dynamic and performative construction of publics in public engagement exercises. In this investigation, we, on the one hand, analyse how public engagement settings as political machineries frame particular kinds of roles and identities for the participating publics in relation to ‘the public at large’. On the other hand, we study how the participating citizens appropriate, resist and transform these roles and identities, and how they construct themselves and the participating group in relation to wider publics. The (...) empirical basis of our argument is a discussion of four different kinds of participation events in Austria. Building on these observations we develop conclusions about the public up-take of public participation in technoscience and the role of public engagement in current techno-political cultures. (shrink)