Opinions are rarely binary; they can be held with different degrees of conviction, and this expanded attitude spectrum can affect the influence one opinion has on others. Our goal is to understand how different aspects of influence lead to recognizable spatio-temporal patterns of opinions and their strengths. To do this, we introduce a stochastic spatial agent-based model of opinion dynamics that includes a spectrum of opinion strengths and various possible rules for how the opinion strength of one individual affects the (...) influence that this individual has on others. Through simulations, we find that even a small amount of amplification of opinion strength through interaction with like-minded neighbors can tip the scales in favor of polarization and deadlock. (shrink)

Some common explanations of issue polarization and echo chambers rely on social or cognitive mechanisms of exclusion. Accordingly, suggested interventions like “be more open-minded” target these mechanisms: avoid epistemic bubbles and don’t discount contrary information. Contrary to such explanations, we show how a much weaker mechanism—the preference for belief—can produce issue polarization in epistemic communities with little to no mechanisms of exclusion. We present a network model that demonstrates how a dynamic interaction between the preference for belief and common structures (...) of epistemic communities can turn very small unequal distributions of initial beliefs into full-blown polarization. This points to a different class of explanations, one that emphasizes the importance of the initial spread of information. We also show how our model complements extant explanations by including a version of biased assimilation and motivated reasoning—cognitive mechanisms of exclusion. We find that mechanisms of exclusion can exacerbate issue polarization, but may not be the ultimate root of it. Hence, the recommended interventions suggested by extant literature is expected to be limited and the problem of issue polarization to be even more intractable. (shrink)

Empirische Ethik ist ein relativ neues Vorgehen in der Ethikforschung, das vor allem in der Medizinethik angewandt wird. Dieser Beitrag bespricht die kennzeichnenden Charakteristika der empirischen Ethik und unterscheidet zwischen generalistischer und kontextualistischer empirischer Ethik. Zuerst werden verschiedene Beispiele beider Arten von empirischer Ethik vorgestellt, danach werden für beide Ansätze mögliche Schwachpunkte diskutiert. Die Schlussfolgerung des Beitrages besteht darin, dass das Entstehen der empirischen Ethik eine positive Entwicklung ist. Empirische Ethik sollte jedoch als eine Ergänzung der traditionellen philosophischen Medizinethik betrachtet (...) werden, und nicht als die bessere Alternative. (shrink)

John Stuart Mill advocated for increased interactions between individuals of dissenting opinions for the reason that it would improve society. Whether Mill and similar arguments that advocate for opinion diversity are valid depends on background assumptions about the psychology and sociality of individuals. The field of opinion dynamics is a burgeoning testing ground for how different combinations of sociological and psychological facts contribute to phenomena that affect opinion diversity, such as polarization. This paper applies some recent results from the opinion (...) dynamics literature to assess the impacts of the Millian suggestion. The goal is to understand how the scope of the validity of Mill-style arguments depends on plausible assumptions that can be formalized using agent-based models, a common modeling approach in opinion dynamics. The most salient insight is that homophily (increased interactions between like-minded individuals) does not sufficiently explain decreased opinion diversity. Hence, decreasing homophily by increasing interactions between individuals of dissenting opinions is not the simple solution that a Millian-style argument may advocate. (shrink)

Spatially situated opinions that can be held with different degrees of conviction lead to spatiotemporal patterns such as clustering (homophily), polarization, and deadlock. Our goal is to understand how sensitive these patterns are to changes in the local nature of interactions. We introduce two different mixing mechanisms, spatial relocation and nonlocal interaction (“telephoning”), to an earlier fully spatial model (no mixing). Interestingly, the mechanisms that create deadlock in the fully spatial model have the opposite effect when there is a sufficient (...) amount of mixing. With telephoning, not only is polarization and deadlock broken up, but consensus is hastened. The effects of mixing by relocation are even more pronounced. Further insight into these dynamics is obtained for selected parameter regimes via comparison to the mean-field differential equations. (shrink)

We reconstruct as much as we can the part of al-Fārābī's treatment of modal logic that is missing from the surviving pages of his Long Commentary on the Prior Analytics. We use as a basis the quotations from this work in Ibn Sīnā, Ibn Rushd and Maimonides, together with relevant material from al-Fārābī's other writings. We present a case that al-Fārābī's treatment of the dictum de omni had a decisive effect on the development and presentation of Ibn Sīnā's modal logic. (...) We give further evidence that the Harmonisation of the Opinions of Plato and Aristotle was not written by al-Fārābī. (shrink)

Vaccination complacency occurs when perceived risks of vaccine-preventable diseases are sufficiently low so that vaccination is no longer perceived as a necessary precaution. Disease outbreaks can once again increase perceptions of risk, thereby decrease vaccine complacency, and in turn decrease vaccine hesitancy. It is not well understood, however, how change in perceived risk translates into change in vaccine hesitancy. -/- We advance the concept of vaccine propensity, which relates a change in willingness to vaccinate with a change in perceived risk (...) of infection—holding fixed other considerations such as vaccine confidence and convenience. (shrink)

The double subjectivity of conscience and the need to test conscientious objections -/- Abstract In spite of the collapse of the traditional objective concept of conscience and the subsequent subjectivation of conscience, conscientious objections are still often considered as a valid ground for exemption from legal and professional obligations. Conscientious objections are seen as more serious than ordinary moral objections. It is not evident why this is so. I argue, with Niklas Luhmann, that the function of conscience is to protect (...) the moral core of a person’s identity. Overruling conscientious objections threatens this core. Claims of conscience are usually founded on the right of freedom of conscience. This right is not absolute. I discuss the view of Richard Arneson who rejects the right of freedom of conscience and defends the right against conscience. I agree with Arneson that, at the one hand, conscientious objectors may constitute a threat to the social and legal order when their objections are not recognised and, at the other hand, too easy giving in to conscientious objections may also threaten the viability of social and legal order. That is why it is needed to determine when conscientious objections cannot be taken at face value, but should be subjected to a series of tests. The aim of these tests is to contain the number of objectors. I discuss 6 criteria for determining whether conscientious objections ground an exemption to legal and professional obligations. At the end of the article I discuss the conscientious objections of medical doctors. (shrink)

Universal Generalization, if it is not the most poorly understood inference rule in natural deduction, then it is the least well explained or justified. The inference rule is, prima facie, quite ambitious: on the basis of a fact established of one thing, I may infer that the fact holds of every thing in the class to which the one belongs—a class which may contain indefinitely many things. How can such an inference be made with any confidence as to its validity (...) or ability to preserve truth from premise to conclusion? My goal in this paper is to explain how Universal Generalization works in a way that makes sense of its ability to preserve truth. In doing so, I shall review common accounts of Universal Generalization and explain why they are inadequate or are explanatorily unsatisfying. Happily, my account makes no ontological or epistemological presumptions and therefore should be compatible with whichever ontological or epistemological schemes the reader prefers. (shrink)

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be at cross-purposes, so (...) we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

One feature of vague predicates is that, as far as appearances go, they lack sharp application boundaries. I argue that we would not be able to locate boundaries even if vague predicates had sharp boundaries. I do so by developing an idealized cognitive model of a categorization faculty which has mobile and dynamic sortals (`classes', `concepts' or `categories') and formally prove that the degree of precision with which boundaries of such sortals can be located is inversely constrained by their flexibility. (...) Given the literature, it is plausible that we are appropriately like the model. Hence, an inability to locate sharp boundaries is not necessarily because there are none; boundaries could be sharp and it is plausible that we would nevertheless be unable to locate them. (shrink)

As part of a review symposium on DARWIN'S ARGUMENT BY ANALOGY: FROM ARTIFICIAL TO NATURAL SELECTION (2021), the journal METASCIENCE invited Roger White, Jon Hodge and me to submit a response to the thoughtful commentaries on our book by Andrea Sullivan-Clarke, David Depew and Andrew Inkpen.

Erik Olof Burman (1845–1929) was professor of practical philosophy at the University of Uppsala, Sweden, between 1896 and 1910. In 1879 he published a long essay entitled ”Om den nyare italienska filosofien” (”On recent Italian philosophy”). About half the essay is devoted to the philosophical system of Antonio Rosmini (1797–1855), the second half to that of Vincenzo Gioberti (1801–1852). The text is mainly descriptive, apparently aiming at informing Swedish colleagues about the situation in Italy. However, there are also passages revealing (...) the rationalist-idealist subjectivism of Burman himself as well as his considering Rosmini’s ontology too objectivistic and Gioberti’s idealism insufficiently coherent. A preliminary translation of Burman’s essay into Italian is presented. -/- Erik Olof Burman (1845–1929) fu professore di Filosofia Pratica all’Università di Uppsala negli anni 1896–1910. New 1879 publicò un saggio intitolato ”Om den nyare italienska filosofien” (“Sulla filosofia italiana recente”). Quasi metà di questo lavoro si concentra sul sistema di Antonio Rosmini (1797–1855); la seconda parte verte anzitutto invece su quello di Vincenzo Gioberti (1801–1852). Il testo è principalmente descrittivo, ovviamente mirante a informare filosofi svedesi sulle posizioni attuali in Italia. Vi si trovano anche però commenti sparsi indicanti il razialismo-idealismo soggetivo di Burman stesso e considerazioni riguardo a come egli consideri l’ontologia di Rosmini troppo oggettiva e l’idealismo di Gioberti insufficientemente coerente. Riflettendo l’immagine della filosofia italiana del IX secolo in uno specchio straniero, il lavoro potrebbe essere di un certo valore informativo per moderni filosofi e storici italiani. Per questa ragione una traduzione preliminare del saggio di Burman è presentata. (shrink)

Antonio Rosmini is practically unknown in Lutheran Sweden. Apparently, only one significant Swedish text has been published about his philosophy, an essay in 1879 by Professor E.O. Burman at the University of Uppsala. After a brief introduction of Burman, some illustrative excerpts from his essay are presented in Italian translation.

The pathbreaking scientific advances of recent years call for a new philosophical consideration of the fundamental categories of biology and its neighboring disciplines. Above all, the new information technologies used in biomedical research, and the necessity to master the continuously growing flood of data that is associated therewith, demand a profound and systematic reflection on the systematization and classification of biological data. This, however, demands robust theories of basic concepts such as kind, species, part, whole, function, process, fragment, sequence, expression, (...) boundary, locus, environment, system, and so on. Concepts which belong to the implicit stock of knowledge of every biologist. They amount to a dimension of biological reality which remains constant in the course of biological evolution and whose theoretical treatment requires contemporary analogues of the tools developed in traditional Aristotelian metaphysics. To provide the necessary theories and definitions is a task for philosophy, which is thus called upon to play an important role as intermediary between biology and informatics. (shrink)

Das Wiskott-Aldrich-Syndrom (WAS), ein genetisch bedingter Immundefekt mit klinischer Manifestation im Kleinkindalter, wird voraussichtlich in näherer Zukunft erstmals versuchsweise durch eine somatische Gentherapie behandelt werden. Im vor- liegenden Beitrag werden die wichtigsten medizinisch-naturwissenschaftlichen Fakten dieses Krankheitsbildes sowie die bisherigen Erfahrungen mit somatischen Gentherapien bei anderen Immunmangelsyndromen ausführlich dargestellt. Sodann erfolgt eine ethische Analyse eines möglichen gentherapeutischen Eingriffs bei WAS-Patienten, bei der die spezifischen Aspekte des Wiskott-Aldrich-Syndroms – insbesondere die fast ausschließliche Betroffenheit von Kindern sowie die unterschiedlich aussichtsreiche Alter- nativoption einer (...) allogenen Knochenmarktransplantation–wesentliche Aspekte der Beurteilung sind. Im Ergebnis zeigt sich, dass ein gentherapeutischer Eingriff im vorliegenden Fall nicht im Rahmen einer Forschungsstudie, d.h. als Humanexperiment, gerechtfertigt werden kann, sondern allein als individueller Heilversuch. Gleichwohl las- sen die besonderen Risiken und die Innovativität eines solchen Eingriffs es notwendig erscheinen, diesen Heilversuch – anders als andere Heilbehandlungen mit bislang unerprobten Mitteln – in streng kontrollierter Form durchzuführen. Der neuartige Gedanke eines kontrollierten individuellen Heilversuchs zeichnet sich daher für den vorliegenden Fall, und womöglich auch für vergleichbare risikoreiche Behandlungsansätze namentlich im Bereich der Gentherapie, als geeignetes Instrument der Konzeption und Beurteilung ab. (shrink)

Berkeley’s ‘esse is percipi’ has been criticized for implying epistemological solipsism, the main argument being that different minds cannot harbor numerically one and the same idea. Similarly, C. J. Boström, the dominating Swedish philosopher in the nineteenth century, was early scorned because his principle of esse est percipi allegedly contradicts the simultaneous claim that two spirits can perceive the same thing under qualitatively different appearances. Whereas the criticism against Berkeley is here regarded as valid, it is argued that Boström successfully (...) defended himself by employing a dual concept of meaning, resembling Frege’s Sinn and Bedeutung some thirty years later, and by postulating an ontology that permits human minds to share in the divine ideas that constitute reality. (shrink)

Die bahnbrechenden wissenschaftlichen Ergebnisse der letzten Jahre erzwingen eine neue philosophische Auseinandersetzung mit den Grundkategorien der Biologie und der benachbarten Disziplinen. Insbesondere die Anwendung neuer informationstechnischer Mittel in der biomedizinischen Forschung und die damit verbundene, kontinuierlich zunehmende Datenflut sowie die Notwendigkeit, ihrer Herr zu werden, erfordern ein konsequentes Nachdenken darüber, wie biologische Daten systematisiert und klassifiziert werden können. Dafür wiederum bedarf es robuster Theorien von Grundbegriffen wie Art, Spezies, Teil, Ganzes, Funktion, Prozess, Fragment, Sequenz, Expression, Grenze, Locus, Umwelt, System usw. (...) Solche Begriffe gehören zum impliziten Wissen jedes Biologen. Sie spiegeln einerseits eine Dimension der biologischen Wirklichkeit wider, die auch vor dem Hintergrund der biologischen Evolution unverändert bleibt. Andererseits verlangt deren theoretische Behandlung nach zeitgemäßen Analoga der in der traditionellen aristotelischen Metaphysik entwickelten Methoden. Zugleich können so die explizit formulierten Theorien und Definitionen bereitgestellt werden, die für computergestützte Informationssysteme unabdingbar sind. Das Entwickeln derartiger Theorien und Definitionen ist eine Aufgabe der Philosophie, die in diesem Sinne herausgefordert ist, zwischen Biologie und Informatik zu vermitteln. (shrink)

This document presents the Bonn PRINTEGER Consensus Statement: Working with Research Integrity—Guidance for research performing organisations. The aim of the statement is to complement existing instruments by focusing specifically on institutional responsibilities for strengthening integrity. It takes into account the daily challenges and organisational contexts of most researchers. The statement intends to make research integrity challenges recognisable from the work-floor perspective, providing concrete advice on organisational measures to strengthen integrity. The statement, which was concluded February 7th 2018, provides guidance on (...) the following key issues: § 1. Providing information about research integrity§ 2. Providing education, training and mentoring§ 3. Strengthening a research integrity culture§ 4. Facilitating open dialogue§ 5. Wise incentive management§ 6. Implementing quality assurance procedures§ 7. Improving the work environment and work satisfaction§ 8. Increasing transparency of misconduct cases§ 9. Opening up research§ 10. Implementing safe and effective whistle-blowing channels§ 11. Protecting the alleged perpetrators§ 12. Establishing a research integrity committee and appointing an ombudsperson§ 13. Making explicit the applicable standards for research integrity. (shrink)

This document presents the Bonn PRINTEGER Consensus Statement: Working with Research Integrity—Guidance for research performing organisations. The aim of the statement is to complement existing instruments by focusing specifically on institutional responsibilities for strengthening integrity. It takes into account the daily challenges and organisational contexts of most researchers. The statement intends to make research integrity challenges recognisable from the work-floor perspective, providing concrete advice on organisational measures to strengthen integrity. The statement, which was concluded February 7th 2018, provides guidance on (...) the following key issues: § 1.Providing information about research integrity § 2.Providing education, training and mentoring § 3.Strengthening a research integrity culture § 4.Facilitating open dialogue § 5.Wise incentive management § 6.Implementing quality assurance procedures § 7.Improving the work environment and work satisfaction § 8.Increasing transparency of misconduct cases § 9.Opening up research § 10.Implementing safe and effective whistle-blowing channels § 11.Protecting the alleged perpetrators § 12.Establishing a research integrity committee and appointing an ombudsperson § 13.Making explicit the applicable standards for research integrity. (shrink)

Secondo Antonio Rosmini-Serbati, l’idea dell’essere è unicamente innata e forma fondamentale dell’esperienza. Provando a dimostrare l’origine dell’idea di similitudine nel rapporto tra cose reali e loro rappresentazioni mentali, Rosmini involontariamente lascia pensare che forse anche quest’idea sia innata. In modo platonico respinge “il terzo uomo” (regresso infinito), cioè la nota critica di Aristotele per quanto riguarda l’idea di similitudine. Il suo è un ragionamento circolare. Perciò in questa analisi concludiamo che l’idea di similitudine dovrebbe essere considerata innata e forma epistemologica (...) nella stessa misura dell’idea di essere. (shrink)

To enhance the treatment of relations in biomedical ontologies we advance a methodology for providing consistent and unambiguous formal definitions of the relational expressions used in such ontologies in a way designed to assist developers and users in avoiding errors in coding and annotation. The resulting Relation Ontology can promote interoperability of ontologies and support new types of automated reasoning about the spatial and temporal dimensions of biological and medical phenomena.

Background: Patient participation in clinical ethics support services has been marked as an important issue. There seems to be a wide variety of practices globally, but extensive theoretical or empirical studies on the matter are missing. Scarce publications indicate that, in Europe, patient participation in CESS varies from region to region, and per type of support. Practices vary from being non-existent, to patients being a full conversation partner. This contrasts with North America, where PP seems more or less standard. While (...) PP seems to be on the rise in Europe, there is no data to confirm this. This study sought a deep understanding of both habits and the attitudes towards PP in the Netherlands, including respondents’ practical and normative perspectives on the matter. Methods and Results: We developed a national survey on PP for Dutch CESS staff. Our survey comprised a total of 25 open and close-ended questions, focused on four topics related to PP goals of CESS, status quo of PP, ideas and ideals concerning PP, and obstacles for PP. Discussion: The four most important findings were that: Patient participation in Dutch CESS is far from standard. Views on patient participation are very much intertwined with the goals of ethics support. Hesitations, fears and perceived obstacles for PP were not on principle and Most respondents see PP as a positive opportunity, yet requiring additional training, practical guidance and experience. Conclusions: Various normative reasons require PP. However, PP seems far from standard and somewhat rare in Dutch CESS settings. Our respondents did not raise many principled objections to PP. Instead, reasons for the lack of PP are intertwined with viewpoints on the goals of CESS, which seemingly focus on supporting health care professionals. Training and practical guidance was thought to be helpful for gaining experience for both CESS staff and HCPs. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

The theory of proper names proposed by J.S. Mill in A system of logic (1843), and discussed in S. Kripke’s Naming and necessity (1980), is shown to be predated by A. Rosmini’s Nuovo saggio sull’origine delle idee (1830) and T. Reid’s Essays on the intellectual powers of man (1785). For philological reasons, Rosmini probably did not obtain his view of proper names from Reid. For philosophical reasons, it is unlikely that he got it from Hobbes, Locke, Smith, or Stewart. Although (...) not explicitly indicated by Rosmini himself, he may have been influenced by St. Thomas, who in Summa theologica discusses suppositum and natura in relation to the equivocal functions of the terms ”God” and ”sun” as common and proper names. As previously observed, forerunners of the idea can be found in Antiquity, in Plato’s Theaetetus and Aristotle’s Metaphysics. From a historical point of view, the fully developed ”Millian” opinion that connotation is not a fundamental aspect of proper names, and that their referents are not fixed by description, could more accurately be termed the Reid-Rosmini-Mill theory. (shrink)

The Adverse Outcome Pathway (AOP) concept is a knowledge assembly and communication tool to facilitate the transparent translation of mechanistic information into outcomes meaningful to the regulatory assessment of chemicals. The AOP framework and associated knowledgebases (KBs) have received significant attention and use in the regulatory toxicology community. However, it is increasingly apparent that the potential stakeholder community for the AOP concept and AOP KBs is broader than scientists and regulators directly involved in chemical safety assessment. In this paper we (...) identify and describe those stakeholders who currently—or in the future—could benefit from the application of the AOP framework and knowledge to specific problems. We also summarize the challenges faced in implementing pathway-based approaches such as the AOP framework in biological sciences, and provide a series of recommendations to meet critical needs to ensure further progression of the framework as a useful, sustainable and dependable tool supporting assessments of both human health and the environment. Although the AOP concept has the potential to significantly impact the organization and interpretation of biological information in a variety of disciplines/applications, this promise can only be fully realized through the active engagement of, and input from multiple stakeholders, requiring multi-pronged substantive long-term planning and strategies. (shrink)

This book analyses three of the most prevalent illnesses of late modernity: anxiety, depression and Alzheimer’s disease, in terms of their relation to cultural pathologies of the social body. Usually these conditions are interpreted clinically in terms of individualized symptoms and responded to discretely, as though for the most part unrelated to each other. However, these diseases also have a social and cultural profile that transcends their particular symptomologies and etiologies. Anxiety, depression and Alzheimer’s are diseases related to disorders of (...) the collective esprit de corps of contemporary society. Multidisciplinary in approach, the book addresses questions of how these conditions are manifest at both the individual and collective levels in relation to hegemonic biomedical and psychologistic understandings. Rejecting such reductive diagnoses, the authors argue that anxiety, depression and Alzheimer’s disease, as well as other contemporary epidemics, are to be analysed in the light of individual and collective experiences of profound and radical changes in our civilization. A diagnosis of our times, Late Modern Subjectivity and its Discontents will appeal to a broad range of scholars with interests in health and illness, the sociology of medicine and contemporary life. (shrink)

Voting Advice Applications (VAAs) are online tools designed to help citizens decide how to vote. They typically offer their users a representation of what is at stake in an election by matching user preferences on issues with those of parties or candidates. While the use of VAAs has boomed in recent years in both established and new democracies, this new phenomenon in the electoral landscape has received little attention from political theorists. The current academic debate is focused on epistemic aspects (...) of the question how a VAA can adequately represent electoral politics. We argue that conceptual and normative presuppositions at play in the background of the tool are at least as important. Even a well-developed VAA does not simply reflect what is at stake in the election by neutrally passing along information. Rather, it structures political information in a way that is informed by the developers’ presuppositions. Yet, these presuppositions remain hidden if we interpret the tool as a mirror that offers the user a reflection of him/herself situated within the political landscape. VAAs should therefore be understood as electoral dioramas, staged according to a contestable picture of politics. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

The purpose of this paper is to review and critique Wessel Reijers and Bert Gordijn’s paper Moving from value sensitive design to virtuous practice design. In doing so, it draws on recent literature on developing value sensitive design (VSD) to show how the authors’ virtuous practice design (VPD), at minimum, is not mutually exclusive to VSD. This paper argues that virtuous practice is not exclusive to the basic methodological underpinnings of VSD. This can therefore strengthen, rather than exclude the (...) VSD approach. Likewise, this paper presents not only a critique of what was offered as a “potentially fruitful alternative to VSD” but further clarifies and contributes to the VSD scholarship in extending its potential methodological practices and scope. It is concluded that VPD does not appear to offer any original contribution that more recent instantiations of VSD have not already proposed and implemented. (shrink)

There are a bewildering variety of claims connecting Darwin to nineteenth-century philosophy of science—including to Herschel, Whewell, Lyell, German Romanticism, Comte, and others. I argue here that Herschel’s influence on Darwin is undeniable. The form of this influence, however, is often misunderstood. Darwin was not merely taking the concept of “analogy” from Herschel, nor was he combining such an analogy with a consilience as argued for by Whewell. On the contrary, Darwin’s Origin is written in precisely the manner that one (...) would expect were Darwin attempting to model his work on the precepts found in Herschel’s Preliminary Discourse on Natural Science. While Hodge has worked out a careful interpretation of both Darwin and Herschel, drawing similar conclusions, his interpretation misreads Herschel’s use of the vera causa principle and the verification of hypotheses. The new reading that I present here resolves this trouble, combining Hodge’s careful treatment of the structure of the Origin with a more cautious understanding of Herschel’s philosophy of science. This interpretation lets us understand why Darwin laid out the Origin in the way that he did and also why Herschel so strongly disagreed, including in Herschel’s heretofore unanalyzed marginalia in his copy of Darwin’s book. (shrink)

The concept of Generative Artificial Intelligence (GenAI) is ubiquitous in the public and semi-technical domain, yet rarely defined precisely. We clarify main concepts that are usually discussed in connection to GenAI and argue that one ought to distinguish between the technical and the public discourse. In order to show its complex development and associated conceptual ambiguities, we offer a historical-systematic reconstruction of GenAI and explicitly discuss two exemplary cases: the generative status of the Large Language Model BERT and the (...) differences between protein structure predictions from AlphaFold 2 and 3. Our analysis shows that there is no unique and unambiguous definition of GenAI based on a purely technical account of the term. Following this conclusion, we argue that the public discourse is not simply a less complex way of speaking, but instead transcends its technical basis. As a means to structure this newly emerging discussion landscape we introduce a non-exhaustive list of four central aspects of GenAI: (multi-)modality, interaction, flexibility, and productivity. These dimensions constitute a first step towards defining GenAI beyond its technical basis. (shrink)

Anaxarchus accompanied Pyrrho on Alexander the Great’s expedition to India and was known as “the Happy Man” because of his impassivity and contentment. Our sources on his philosophy are limited and largely consist of anecdotes about his interactions with Pyrrho and Alexander, but they allow us to reconstruct a distinctive ethical position. It overlaps with several disparate ethical traditions but is not merely a hodge-podge; it hangs together as a unified whole. Like Pyrrho, he asserts that things are indifferent in (...) value and that realizing this indifference leads to contentment. But this doctrine of indifference is rooted in Democritean atomism. And in his pursuit of pleasure and dismissiveness of conventional standards of what is just, noble, and pious, Anaxarchus is closer to fifth century thinkers such as Aristippus, Antiphon, and Critias. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not (...) only about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

George Boole emerged from the British tradition of the “New Analytic”, known for the view that the laws of logic are laws of thought. Logicians in the New Analytic tradition were influenced by the work of Immanuel Kant, and by the German logicians Wilhelm Traugott Krug and Wilhelm Esser, among others. In his 1854 work An Investigation of the Laws of Thought on Which are Founded the Mathematical Theories of Logic and Probabilities, Boole argues that the laws of thought acquire (...) normative force when constrained to mathematical reasoning. Boole’s motivation is, first, to address issues in the foundations of mathematics, including the relationship between arithmetic and algebra, and the study and application of differential equations (Durand-Richard, van Evra, Panteki). Second, Boole intended to derive the laws of logic from the laws of the operation of the human mind, and to show that these laws were valid of algebra and of logic both, when applied to a restricted domain. Boole’s thorough and flexible work in these areas influenced the development of model theory (see Hodges, forthcoming), and has much in common with contemporary inferentialist approaches to logic (found in, e.g., Peregrin and Resnik). (shrink)

In their responses to my article “Epistemically Pernicious Groups and the Groupstrapping Problem” (Boyd, 2018), Bert Baumgaertner (“Groupstrapping, Boostrapping, and Oops-strapping: A Reply to Boyd”) and C. Thi Nguyen (“Group-strapping, Bubble, or Echo Chamber?”) have raised interesting questions and opened lines of inquiry regarding my discussion of what I hope to be a way to help make sense of how members of groups can continue to hold beliefs that are greatly outweighed by countervailing evidence (e.g. antivaxxers, climate-change deniers, etc.). (...) Here I respond to these arguments and suggestions by providing three new reasons to believe that groupstrapping as I describe it occurs in epistemically pernicious groups. (shrink)

There are two areas of particular importance in Heathen ethics. One is the growth and maintenance of ethical personal power or 'might and main': the inner strength and drive that is necessary to develop and sustain a good character and reputation, and to achieve worthy deeds during our life. The second is the pursuit of relationships and community life that promote individual, group, and community well-being and effective functionality. Any thoughtful reading of Heathen history, old texts, tales, poems and sagas (...) will show how important these two factors were in ancient Heathen life. This was generally illustrated by showing the painful, cascading disruptions that were caused by failures of, and transgressions against, these ethical values and aspirations. Modern Heathens can benefit from a fuller understanding of ancient Heathen ethical views: both their strengths and their weaknesses, their pros and cons. Only by a thoughtful grasp of these concepts can we make the best use of the elder ways as Heathens living in today’s world. This book offers philosophical discussions of certain Heathen ethical concepts, as well as guidelines for using these concepts to live ethically strong and spiritually healthy lives as modern Heathens. Fulfilled OATHS build Heathen might and main, increasing our personal power. Unpaid SHILD (moral obligation) weakens our might and main; taking responsibility for shild heals personal power. FRITH is a fabric of interwoven might and main, created and shared by many: the roots of relationship and community. LUCK and WYRD can be expressed through flows of might and main, discovered along the complex, hidden paths that lead to Heathen wisdom. Understanding, increasing, maintaining, and sharing ethical might and main is a foundation of Heathen ethics. “In Oaths, Shild, Frith, Luck & Wyrd, Winifred Hodge Rose draws on her extensive scholarship and experience to explore what the lore has to tell us about how the Old Heathens viewed certain ethical questions, and to offer suggestions on how these perspectives can help us deal with the challenges that we face today.” Diana L. Paxson, author of Essential Asatru: A Modern Guide to Norse Paganism. “Oaths, Shild, Frith, Luck & Wyrd provides tools for individual and collective healing, and articulates important questions and challenges that we must consider as we adapt the knowledge and life ways of our ancestors to our contemporary context.” Sara Axtell, Ph.D. (shrink)

Morality is often thought of as non-rational or sub-rational. In Moral Notions, first published in 1967, Julius Kovesi argues that the rationality of morality is built into the way we construct moral concepts. In showing this he also resolves the old Humean conundrum of the relation between 'facts' and 'values'. And he puts forward a method of reasoning that might make 'applied ethics' (at present largely a hodge-podge of opinions) into a constructive discipline. Kovesi's general theory of concepts - important (...) in its own right - is indebted to his interpretation of Plato, and his three papers on Plato, first published here, explain this debt. This new edition of Moral Notions also includes a foreward by Philippa Foot, a biography of the author, and a substantial afterword in which the editors, Robert Ewin and Alan Tapper, explain the signficance of Kovesi's work. (shrink)

The paper focuses on Nominalism in history, its application, and its historiographical implications. By engaging with recent scholarship as well as classic works, a survey of Nominalism’s role in the discipline of history is made; such examination is timely, since it has been done but scantily in a purely historical context. In the light of recent theoretical works, which often display aporias over the nature and method of historical enquiry, the paper offers new considerations on historical theory, which in the (...) author’s view may solve some of the contradictions that have surfaced in recent times. The Nominalistic stance is argued against by disputing theorists such as Paul Veyne, who has made a case for Nominalism in history. A brief philosophical section introduces Nominalism in its metaphysical dimension and the discussion is speedily brought to its significance for history. The paper also proposes a solution to the misconstrued yet too often vague application of scientism in history, and offers theoretical grounds that might solve some of the ‘stormy grounds’ historiography finds itself today. Articles by Marcel Gauchet and History and Theory’s Anton Froeyman and Bert Leuridan are engaged with, as well as Murray Murphy’s books on the philosophy of history. Works by Georg Gadamer, Marc Bloch, Benedetto Croce, Hyppolite Taine, and Anthony Grafton crucially inform the discussion and brace the consequential conclusion. (shrink)

De auteurs van Aristoteles in actie menen dat nog iets anders essentieel is voor de vorming van professionals: de notie van praktische wijsheid. Zij ontlenen dit begrip aan de Griekse filosoof Aristoteles (384-322 v.Chr.). Aan de hand van verhalen en casussen uit de onderwijspraktijk laten zij zien hoe praktische wijsheid het fundament vormt onder alle vaardigheden en competenties en hoe je studenten in het middelbaar en hoger beroepsonderwijs praktische wijsheid bijbrengt. -/- Aristoteles in actie is samengesteld door Elke Müller. Het (...) bevat bijdragen van Niek van Antwerpen, Gerben Bakker, Bert van den Bergh, Chris Detweiler, Juul Gooren, Henriëtta Joosten en Elke Müller. Het voorwoord is geschreven door Paul van Tongeren. (shrink)

Some variants of quantum theory theorize dogmatic "unimodal" states-of-being, and are based on hodge-podge classical-quantum language. They are based on ontic syntax, but pragmatic semantics. This error was termed semantic inconsistency [1]. Measurement seems to be central problem of these theories, and widely discussed in their interpretation. Copenhagen theory deviates from this prescription, which is modeled on experience. A complete quantum experiment is "bimodal". An experimenter creates the system-under-study in initial mode of experiment, and annihilates it in the final. The (...) experimental intervention lies beyond the theory. I theorize most rudimentary bimodal quantum experiments studied by Finkelstein [2], and deduce "bimodal probability density" P=|In><Fin| to represent complete quantum experiments. It resembles core insights of the Copenhagen theory. (shrink)

The expanding moral circle lends coherence to the usual hodge-podge of canonical RCR topics. As it is in a person’s own interest to report falsification, understand fabrication, avoid plagiarism, beware of intuition, and justify one’s decisions, it is useful to begin RCR discussions with the principle that we ought to do what is in our own long-term best interests. As it is in the interest of a person’s research group to articulate their reasons for their conclusions, to write cooperatively, review (...) manuscripts professionally, and report statistics transparently, one can introduce the principle that we ought to keep our promises and contracts. As it is a basic matter of rights to respect human subjects, mentor inclusively, recognize intellectual property, and reveal both conflicts of interests and collaborations with private industry, an RCR instructor can introduce the idea that we ought to respect each individual’s moral rights. Finally, as many animals can feel pain, are subjects of their own lives, and have interests of their own, we must take seriously our role in their welfare as research subjects. In this last step, we expand the circle fully, considering animal experimentation, duties to future generations and the natural environment, and the larger social responsibilities of researchers while adopting a utilitarian principle: We ought to do what will maximize aggregate happiness. (shrink)