Name der Zeitschrift: Kierkegaard Studies Yearbook Jahrgang: 23 Heft: 1 Seiten: 359-395.

Outsourcing of Public-Services - Forms and Limitations Purpose of the article is to show how public services can be outsourced from communities and what legal, organizational or other limitations may have to be taken into account.Methodology used for this article is literature research, analysis and comparison. An in-depth look into the present status of research and literature will be interconnected to the basic research in this matter that has been done from the 1970's to the 1990's.Scientific aim is to show (...) the potential of the process as being important and helpful in creating better community-service and meanwhile relieve the communities from organizational and financial burdens that are more difficult to carry than ever before.Findings are that we have to determine between the different municipal economic activities and the legal basis of these activities. The intervening public-service is a prominent example for the restrictive regulatory system it is set in but also is seen as having a big potential for cooperation and outsourcing by contracting-out. Contrary to that the service-rendering public-service is less regulated and more open to a market approach.There are different spheres for these economic activities to take place. Different reasons for outsourcing depend on the specific sphere a certain task belongs to and can include economic, fiscal and political aspects. Two big groups of tasks are annex-tasks from within the public-service and characteristic public-services. There can be outsourcing by commissioning or by using submissions.With different legal forms of the outsourced entities and the legal limits that are set for every different kind of structure, it is clear that there is no solution that always fits all the needs and that this has to be carefully taken into account.Conclusions are that there is a high potential and big successes when outsourcing is done well planned and as a strategic activity. A number of legal issues and other limitations always has to be respected. (shrink)

We show that in the Maxwell–Lorentz theory of classical electrodynamics most initial values for fields and particles lead to an ill-defined dynamics, as they exhibit singularities or discontinuities along light-cones. This phenomenon suggests that the Maxwell equations and the Lorentz force law ought rather to be read as a system of delay differential equations, that is, differential equations that relate a function and its derivatives at different times. This mathematical reformulation, however, leads to physical and philosophical consequences for the ontological (...) status of the electromagnetic field. In particular, fields cannot be taken as independent degrees of freedom, which suggests that one should not add them to the ontology. (shrink)

The Danish philosopher Søren Kierkegaard (1813-1855) conceived of himself as the Socrates of nineteenth century Copenhagen. Having devoted the bulk of his first major work, *The Concept of Irony with Continual Reference to Socrates*, to the problem of the historical Socrates, Kierkegaard maintained at the end of his life that it is to Socrates that we must turn if we are to understand his own philosophical undertaking: "The only analogy I have before me is Socrates; my task is a Socratic (...) task." The overall aim of my dissertation is to examine and critically assess this claim, and ultimately to argue that the Socratic nature of Kierkegaard's endeavor finds its fullest expression in the activity and writings of one of his best-known literary creations, Johannes Climacus, the pseudonymous author of *Philosophical Fragments* and *Concluding Unscientific Postscript*. The first part of my dissertation addresses Kierkegaard's own status as a Socratic figure. I examine Kierkegaard's claim that his refusal to call himself a Christian--in a context where it was the social norm to do so--is methodologically analogous to Socrates' stance of ignorance. I also consider how the use of a pseudonymous manner of writing allows Kierkegaard to employ a Socratic method. In the second part of my dissertation I focus on Kierkegaard's pseudonym Johannes Climacus and his claim that his contemporaries suffer from a peculiar kind of ethical and religious forgetfulness. I argue that Climacus adopts two Socratic stances in order to address this condition. In *Philosophical Fragments* he adopts the stance of someone who has intentionally "forgotten" the phenomenon of Christianity, whereas in the *Postscript* he adopts the stance of someone who openly declares that he is not a Christian. In the process, he develops a conception of philosophy that places a premium on self-restraint and an individual's ability to employ the first personal "I." As Climacus emerges as Kierkegaard's Socratic pseudonym par excellence, we obtain two significant results: a deeper understanding of Kierkegaard's conception of Socrates and Socratic method, and a compelling conception of philosophy rooted in Greek antiquity. (shrink)

The article is devoted to the problem of social exist- ence normativity. In the comparative analysis of the philosophy of law, humanities and social studies, the foundations of the ontological rootedness of the norm in human existence have been evidently found. The hypothesis of the study is that the norm is not a special way of regulating behavior, but is the main form of human existence. The ontological nature of the norm outside the semantic aspect of its individual manifestations is (...) revealed. For this purpose, the basis of the analysis is determined by the Decalogue, where for the first time an attempt was made to consolidate the “pure” norm. It is shown that the norm is born in the dialectic of pro- hibition and obligation in the reflexive processes of actions of a social subject. An attempt is made to comprehensively analyze the normativity of social existence. (shrink)

Replicability is usually considered to be one of the cornerstones of science; however, the growing recognition of nonreplicable experiments and studies in scientific journals—a phenomenon that has been called ‘replicability crisis’—has spurred a debate on the meaning, function, and significance of replicability in science. Amid this discussion, it has become clear that replicability is not a monolithic concept; what is still controversial is exactly how the distinction between different kinds of replicability should be laid out terminologically and conceptually, and to (...) what extent it bears on the more general debate on the centrality of replicability in science. This paper’s goals are to clarify the different uses of the terms related to replicability and, more importantly, to conceptually specify the kinds of replicability and their respective epistemic functions. (shrink)

MARK LOŠONC, PREDRAG KRSTIĆ, HOLOKAUST I FILOZOFIJA, INSTITUT ZA FILOZOFIJU I DRUŠTVENU TEORIJU, BEOGRAD, 2018.Vera Mevorah.

Many arguments have been made against gene editing. This paper addresses the commonly invoked argument that gene editing violates human dignity and is ultimately a subversion of human nature. There are several drawbacks to this argument. Above all, the concept of what human dignity means is unclear. It is not possible to condemn a practice that violates human dignity if we do not know exactly what is being violated. The argument’s entire reasoning is thus undermined. Analyses of the arguments involved (...) in this discussion have often led to the conclusion that gene editing contravenes the principle of genetic identity (genetic immutability) thereby subverting a requisite of human dignity and ultimately threatening human nature. This paper refutes these arguments and shows that any opposition to gene editing cannot rely on the human dignity argument. (shrink)

One dimension of cognitive success concerns getting it right: having many true beliefs and no false ones. Another dimension of cognitive success concerns using the right concepts. For example, using a concept of a person that systematically excludes people of certain demographics from its extension is a sort of cognitive deficiency. This view, if correct, tasks inquirers with critically examining the concepts they are using and perhaps replacing those concepts with new and better ones. This task is often referred to (...) as “conceptual engineering”. However, so far it is unclear what exactly happens in cases of conceptual engineering. How does language change when we engineer a concept? This article offers an answer. I propose a view on which, when speakers assess the truth of propositions, they often rely on assumptions with regard to what is required for their truth. For example, when speakers assess whether unborn fetuses are people, they rely on assumptions with regard to what is required to be a person. Based on this idea, I develop a model of conceptual engineering according to which speakers “engineer concepts” when they change how they assess the truth of propositions. For example, speakers engineer the concept of a person when they change how they assess the truth of the proposition that unborn fetuses are people. (shrink)

The possibility of neurotechnological interference with our brain and mind raises questions about the moral rights that would protect against the (mis)use of these technologies. One such moral right that has received recent attention is the right to mental integrity. Though the metaphysical boundaries of the mind are a matter of live debate, most defences of this moral right seem to assume an internalist (brain-based) view of the mind. In this article, we will examine what an extended account of the (...) mind might imply for the right to mental integrity and the protection it provides against neurotechnologies. We argue that, on an extended account of the mind, the scope of the right to mental integrity would expand significantly, implying that neurotechnologies would no longer pose a uniquely serious threat to the right. In addition, some neurotechnologies may even be protected by the right to mental integrity, as the technologies would becomepart ofthe mind. We conclude that adopting an extended account of the mind has significant implications for the right to mental integrity in terms of its protective scope and capacity to protect against neurotechnologies, demonstrating that metaphysical assumptions about the mind play an important role in determining the moral protection provided by the right. (shrink)

The aim of this book is to provide a comprehensive guide to the metaphysics of Bohmian mechanics. Bohmian mechanics is a quantum theory that describes the motion of particles following trajectories that are determined by the quantum wave-function. The key question that the theory has to face relates to the ontological interpretation of the quantum wave-function. The main debate has mostly centered around two opposing views, wave-function realism on the one hand, and the nomological view on the other hand. The (...) supporters of the former believe that the wave-function is a physical field living in a high-dimensional space; the supporters of the latter regard the wave-function as just an entity that appears in the laws of nature and lacks physical status. This monograph discusses both views open-mindedly, illuminating their tacit problems and providing new insight into how they can be overcome. Moreover, it discusses the structuralist view, which is often neglected and which can be regarded as a reconciliation of the two main opposing camps. (shrink)

Wittgenstein’s analogy between psychoanalysis and his later philosophical methods is explored and developed. Historical evidence supports the claim that Wittgenstein characterized an early version of his general remarks on philosophy (§§89-133 in the Philosophical Investigations) as a sustained comparison with psychoanalysis. A non-adversarial, therapeutic interpretation is adopted towards Wittgenstein which emphasizes his focus on dissolving the metaphysical puzzlement of particular troubled individuals. A “picture” of Freudian psychoanalysis is sketched which highlights several features of Freud’s therapeutic techniques and his conception of (...) a neurosis. This portrait of Freud’s methods is used as an “object of comparison” for drawing attention to important aspects of Wittgenstein’s later practice of philosophy. Wittgenstein’s therapeutic conception of philosophy, though concerned with ordinary linguistic practices, is held to focus primarily on rooting out the prejudices and dogmas which lie at the heart of the puzzled philosopher’s inclinations to make metaphysical assertions. (shrink)

In this paper I am going to present several ideas selected from the field of two important current inputs to the interface of philosophy and psychoanalysis. First, there is the study of Linda Brakel who confronts Freudian unconscious with meaning theory, i.e. the philosophy of Donald Davidson. Brakel feels that the approach of Davidson/Cavell misinterprets the Freudian concepts and robs it of its central characteristics. She insists in the primary process which she describes as representational, contentful and a-rational. The second (...) input is to be found within today’s reception of Kant in the epistemological field. The debates depart from the controversial issue of whether Kant was a conceptionalist or a non-conceptionalist and frequently refer to McDowells Mind and World. Then I will present my own approach that combines psychoanalytical ideas with an application of Peircean categories. My aim is to show that this approach contributes to the understanding of mind in general. In comparing the philosophical concepts with psychoanalytical ones, I will point out the specific place of psychoanalytical concepts within the theory of knowledge. I will conclude by pleading for the integration of the psychoanalytic ideas into a broader theory of thinking. Furthermore, the meaning of this integration on psychoanalysis itself will be evaluated. (shrink)

The paper explores a particular line of objection against wave-function realism. This view, advocated by Bell and presently defended by Albert, North and Ney, claims tha...

In a time marked by the development of innovative treatments in healthcare and the need for health professionals to deal with resulting ethical dilemmas in clinical practice, this study was developed to determine the influence of the bioethics teaching on the moral competence of medical and nursing students. The authors conduct a longitudinal study using the Moral Competence Test extended version before and after attending the ethics curricular unit, in three nursing schools and three medical schools of Portugal. In this (...) questionnaire the participant is confronted with three ethical dilemmas and asked to evaluate arguments for and against the attitude of the main character. For both nursing and medical students, C-score was lower after the attendance of the ethics curricular units, with a statistically significant decrease in the total score for nursing students and a decrease not statistically significant for medical students. A multivariate analysis did not find any association between this decrease and gender, course, or age. The phenomenon of moral segmentation was observed, with better performance in the worker and judge dilemma, than in the doctor dilemma. These results highlight the need to reflect on the curricular strategies that can be implemented for health professionals to better develop moral competence and decision-making, allowing for the provision of humanized health care. (shrink)

According to the doctrine of Super-Humeanism, the world’s mosaic consists only of permanent matter points and changing spatial relations, while all the other entities and features figuring in scientific theories are nomological parameters, whose role is merely to build the best law system. In this paper, I develop an argument against Super-Humeanism by pointing out that it is vulnerable to and does not have the resources to solve the well-known problem of immanent comparisons. Firstly, I show that it cannot endorse (...) a fundamentalist solution à la Lewis, since its two pillars—a minimalist ontology and a best system account of lawhood—would generate, together, a tedious problem of internal coherence. Secondly, I consider anti-fundamentalist strategies, proposed within Humeanism, and find them inapplicable to the Super-Humean doctrine. The concern is that, since it is impossible to choose the best law system within Super-Humeanism, this doctrine may be charged with incoherence. (shrink)

Given the growing popularity of online methods for researchers and the increasing awareness of the levels of harassment and abuse directed at women online—especially women expressing feminist views—it is critical that we address the implications of online abuse for feminist researchers. Focussing on an often hidden yet significant part of our methodological decisions and recruitment, this paper details the online abuse levelled by men's rights activists against a research project on women's experiences of men's stranger intrusions in public space. It (...) argues for the need to locate such experiences within a violence-against-women frame, extending the concept of a continuum of sexual violence. Such an extension renders visible the added labour of ‘safety work’, which forms an invisible backdrop to the methodological decisions of many feminist researchers. (shrink)

This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender and D’s duty to protect the victim from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the (...) lack of inherent limitations on the appropriate forms and amounts of punishment. I also questioned the true meaning of the duty incurred by D as a result of D’s wrongdoing and suggested that protection of Vs from future harm may not be as essential to Tadros’s justification of punishment as he has argued. (shrink)

Os três artigos a seguir procedem de comunicações originalmente apresentadas no simpósio “O riso: diferentes perspectivas” ocorrido durante a 48ª Reunião Anual da Sociedade Brasileira para o Progresso da Ciência, que teve lugar no Campus Monte Alegre da Pontifícia Universidade Católica de São Paulo, entre 7 e 12 de julho de 1996.

This volume is the first edited collection of philosophy of astrophysics. In this introductory chapter, we provide a brief history of the rise of philosophy of astrophysics as a distinct subdiscipline in philosophy of science, brief summaries of the chapters in the volume and their interrelated themes, and a few suggestions for further work.

Do numbers exist? Carnap (1956 [1950]) famously argues that this question can be understood in an “internal” and in an “external” sense, and calls “external” questions “non-cognitive”. Carnap also says that external questions are raised “only by philosophers” (p. 207), which means that, in his view, philosophers raise ”non-cognitive” questions. However, it is not clear how the internal/external distinction and Carnap’s related views about philosophy should be understood. This paper provides a new interpretation. I draw attention to Carnap’s distinction between (...) purely external statements, which are independent from all frameworks, and pragmatic external statements, which concern which framework one should adopt, and argue that the latter express noncognitive mental states. Specifically, I argue that “frameworks” are systems of rules for the assessment of statements, which are utterances of ordinary language sentences. Pragmatic external statements express noncognitive dispositions to follow only certain rules of assessment. For instance, “numbers exist” understood as a pragmatic external statement expresses a noncognitive disposition to use only rules of assessment according to which numbers do exist. Carnap can thereby be understood as proposing a distinctive form of noncognitivism about ontology that is in some respects analogous to norm-expressivism in metaethics. (shrink)

In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come (...) in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but it should not be mandated to do so. (shrink)

In this paper, I discuss whether the results of loop quantum gravity (LQG) constitute a fatal blow to Humeanism. There is at least a prima facie reason for believing so: while Humeanism regards spatiotemporal relations as fundamental, LQG describes the fundamental layer of our reality in terms of spin networks, which are not in spacetime. However, the question should be tackled more carefully. After explaining the importance of the debate on the tenability of Humeanism in light of LQG, and having (...) presented the Humean doctrine, I review two cases which present serious threats to Humeanism, one concerning the fundamentality of vectorial quantities and the other concerning quantum entanglement. In particular, I recall the strategies that are usually employed in these two cases in order to save Humeanism: in the first case, the strategy consists in amending the characterization of the Humean mosaic; in the second case, it consists in adopting a realist or nomological interpretation of the wave function. These solutions will turn out to be helpful in my discussion of LQG where, after describing LQG, I show that Humeans might save their doctrine either by endorsing a realist interpretation of spin networks, or by giving them a nomological status and, at the same time, by revisiting the characterization of the Humean mosaic. However, I conclude that both solutions are wanting. (shrink)

Ontological expressivism is the view that ontological existence claims express non-cognitive mental states. I develop a version of ontological expressivism that is modeled after Gibbard’s (2003) norm-expressivism. I argue that, when speakers assess whether, say, composite objects exist, they rely on assumptions with regard to what is required for composition to occur. These assumptions guide their assessment, similar to how norms may guide the assessment of normative propositions. Against this backdrop, I argue that “some objects have parts”, uttered in the (...) context of an ontological disagreement, expresses a noncognitive disposition to assess the truth of propositions by using only rules of assessment according to which the proposition that some objects have parts is to be evaluated as true. (shrink)

This paper examines the culture, the dynamics and the financial underpinnings that determine how medical research is being conducted on children in the United States. Children have increasingly become the subject of experiments that offer them no potential direct benefit but expose them to risks of harm and pain. A wide range of such experiments will be examined, including a lethal heartburn drug test, the experimental insertion of a pacemaker, an invasive insulin infusion experiment, and a fenfluramine "violence prediction" experiment. (...) Emphasis, however, is given to psychoactive drug tests because of the inherent ethical and diagnostic problems involved in the absence of any objective, verifiable diagnostic tool. Effort is made to provide readers comprehensive reference sources to evidence-based reports about the serious risks these drugs pose for adults and children so that the reader may judge whether the benefits (if any) outweigh the risks for children. The first ethical issue raised by these experiments is: did the severity of illness in these children justify their exposure to short and long-term risks? The ethics of the experiments will be evaluated by referring to existing codes of medical research ethics-the Nuremberg Code, the Declaration of Helsinki, and the federal Code of Regulations. The thirteen cases presented will demonstrate that children are being used in ever more speculative experiments, often in the absence of a therapeutic intent, but a significant chance for causing harm and / or discomfort. Some of the experiments were designed to explore the mechanisms of pathology and pharmacological interventions, or the response of neurological brain receptors to chemical provocation ("challenge"). Others were designed to test the safety or efficacy of new drugs, even to test these drugs on healthy children who were hypothesized to be "at risk." Children and adolescents have been subjected to "forced dose titration" experiments that induced a spectrum of severe adverse effects, including insomnia, extreme restlessness, agitation, (akathisia) and self-injurious behavior. FDA reports show that suicide is a significant issue in psychotropic drug trials-in pediatric trials the problem is even greater. The paper aims to demonstrate how the enactment of the Better Pharmaceuticals for Children Act (incorporated into the Food and Drug Administration Modernization Act, FDAMA), set in motion a radical shift in public policy by providing huge financial incentives to pharmaceutical companies to test new or patented drugs in children. Federal policy shifted from one aimed at protecting children by setting limits on permissible research risks, to a policy aimed at broadening the inclusion of children as test subjects. It will be shown how the FDA and the Department of Health and Human Services lifted regulatory restrictions to permit research involving greater than minimal risk to be conducted on healthy children, claiming that all children are potentially "at risk" of a future condition. Children were in this way deprived of regulatory protections. An argument will be made that the approval of nontherapeutic, harmful experiments-such as exposure of toddlers to lead poison-under the current gate keeping system raises serious doubts about the sustainability of institutional review boards (IRBs) as protectors of human research subjects. Children, who are precluded from exercising the adult human's right to informed consent, are being exploited as commodities for commercial ends. It is the position of the author that nothing less than the enactment of a federal law mandating a radical overhaul of the current research review system, with independent checks and balances, will provide children the legal protections they need. Ten specific recommendations are offered to protect children from harmful experiments. (shrink)