The predictive processing literature contains at least two different versions of the framework with different theoretical resources at their disposal. One version appeals to so-called optimistic priors to explain agents’ motivation to act (call this optimistic predictive processing). A more recent version appeals to expected free energy minimization to explain how agents can decide between different action policies (call this preference predictive processing). The difference between the two versions has not been properly appreciated, and they are not sufficiently separated in (...) the literature. They constitute two different theories with strikingly different accounts of motivation and action. By reducing all desire-like constructs to belief-like constructs, optimistic predictive processing entails a substantial revision of standard accounts of motivation and action in philosophy and cognitive science. By contrast, preference predictive processing introduces desire-like constructs that play Humean motivational roles in the explanation of action. In this Humean iteration, predictive processing resembles other prominent computational frameworks implementing a distinction between beliefs and desires, such as reinforcement learning and Bayesian decision theory. Ultimately, predictive processing faces a dilemma between parsimony of mental constructs and completeness of its explanations of agency and the mind. (shrink)

Recent studies on mind‐wandering reveal its potential role in goal exploration and planning future actions. How to understand these explorative functions and their impact on planning remains unclear. Given certain conceptions of intentions and beliefs, the explorative functions of mind‐wandering could lead to regular reconsideration of one's intentions. However, this would be in tension with the stability of intentions central to rational planning agency. We analyze the potential issue of excessive reconsideration caused by mind‐wandering. Our response resolves this tension, presenting (...) a model that aligns the roles of mind‐wandering in planning with empirical evidence and the sustained stability of intentions. (shrink)

The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker (...) takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal ramifications. (shrink)

Evaluativism about desire, the view that desires just are, or necessarily involve, positive evaluations of their objects, currently enjoys widespread popularity in many philosophical circles. This chapter argues that evaluativism, in both of its doxastic and perceptual versions, overstates and mischaracterises the connection between desires and evaluations. Whereas doxastic evaluativism implausibly rules out cases where someone has a desire, despite evaluating its object negatively, being uncertain about its value, or having no doxastic attitude whatsoever towards its evaluative status at all, (...) perceptual evaluativism cannot even properly apply to the large class of standing desires. It is also argued that evaluativism about desire is not even well-motivated in the first place: the theory is supposed to solve a particular puzzle about the role desires play in the explanation of action, yet, in fact, it does not offer any help whatsoever in dealing with the relevant puzzle. (shrink)

Janette Dinishak’s work has helped shed critical light on the scientifically questionable and ethically troubling tendency in psychology and philosophy of mind to theorize autistic people as deficient empathizers. In a recently published reply on the Social Epistemology Review and Reply Collective, Dinishak (2024) brings her important perspective on this topic to bear on our paper “AAC Technology, Autism, and the Empathic Turn” (2022). Dinishak is largely sympathetic to our view while also raising a number of rich and thoughtful philosophical (...) questions. Since each of these questions is capable of jumpstarting a lengthy exchange, we focus our response on those questions that, we hope, are particularly fruitful for advancing further conversation. With this aim in mind, we also engage with some of Dinishak’s own insights from her 2016 chapter “Empathy, Like-mindedness, and Autism.” … [please read below the rest of the article]. (shrink)

When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...) problem. . . .Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have earned the right to speak." While the discipline of law does not have the ontological purchase of the discipline of mathematics, the working lawyer, like the working mathematician, would feel disconnected from "the rigorous description of the generic essence of [his] operations" that the philosopher might offer. Badiou further reports that "justice" is a philosophical word if we do not include juridical significations in it. It is precisely here, when the juridical significations are left aside, that the lawyer (not the legislator) is excluded from the benefits of a "rigorous description" that a philosopher might offer. What can be done to extend the ontological understanding of justice to include the subjectivity of the lawyer and to determine whether the juridical is capable of Badiou's sense of "event?". (shrink)

Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...) era, trendy circles often find Descartes to be the convenient whipping-boy for all that is wrong with our relationship to the natural world: the subject-object divide, a dispassionate attitude, hyper-rationality, and a context-free world of practices. This use of Descartes ultimately means that no longer does anyone seriously examine his work or closely trace its ramifications. Instead one just evokes his name as the locus of rationality, the side of the Enlightenment, or the turning point from enchantment. (shrink)

Contrary to the notion that the human mind has some sort of tendency toward the abstract processes of classifying, analysing and synthesising, this paper suggests that these processes are historically and socially constructed. Because these processes (in particular, synthesising) are brought about to serve specific purposes and agendas, we need to pre-examine them periodically to see if they still serve our needs. In the past, synthesis had an important function as a symbol, among alchemists, for example. We have all but (...) forgotten that symbolic functioning and treat it now only in its material manifestations. Having done so, we use the material sense to explain the symbolic sense. In that way, synthesis may no longer be a helpful way to look at our abstract processes. Insofar as the needs of the future may be different than the needs of the past or present, it may indeed be time to abandon ideas of abstract synthesis. The author suggests that in its place, we consider the notion of ‘shuttling’. Shuttling allows us to adopt different positions, and even contradictory positions within our individual thinking, without feeling the need to immediately characterise the contradiction as ‘wrong’. And insofar as we may have multiple present positions, shuttling opens up the possibility for multiple future positions as well. (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...) after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...) end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...) perfect sense to look to word and image in its most voluminous form—film—to see suggestions of what some of the future(s) might be. -/- This is not an analysis in the standard sense of a film review. My only comments lie with the creation of future(s) in language and for present purposes, perhaps even more so, in image. There is one important point to be made about one particular word right here at the outset, though. One of the most important criticisms in future studies is that we treat the future as an inevitable manifesting of itself—something that happens ‘out there’, beyond our control or influence. Consequently, there is only one future, as though it is already written in the script of a God, and we are playing it out on stage. This attitude is reflected in language insofar as we consider it standard to use definite, rather than indefinite articles; that is, to say the future, just as we say the present and the past. In fact, we do have some say in the future(s). It is not some sort of intentionally-guided say that we have, however. And it is certainly not some sort of happy control of destiny. It is more of a structural influence. That influence is an influence whereby we create an atmosphere of possibilities. (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...) of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)

In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...) Laws and Aristotle's Constitutions of Athens. In this paper I will argue that if we want to understand ecology or environment as cultural concepts, and we look to the law of Classical Greece, or at least Athens, we find that knowing the law is not the direct process of the present day - that is to say, we cannot simply look to written codes to understand the legal practices. Plato in The Laws, points to a comportment toward nature, through the law, which can be based upon objectively-obtained values, without resulting in material scientism. With this in mind, we citizens can determine environmental policy and law, without pretending that it is dictated by earth, air and water. (shrink)

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...) the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...) the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

"[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...) much that is of interest to those who might want to approach things Irish from a legal perspective. Indeed, approaching Ireland from a legal perspective may be precisely what is new. While our research has found much discussion of the social, political and historical aspects of Irish culture, there is not much that would both qualify as legal scholarship and is up-to-date in a situation that experiences significant changes daily. (shrink)

In hoping, what is important to us seems possible, which makes our life appear meaningful and motivates us to do everything within our reach to bring about the things that we hope for. I argue that it can be rational to rely on one’s hope: hope can deceive us, but it can also represent things correctly to us. I start with Philip Pettit’s view that hope is a cognitive resolve. I reject this view and suggest instead that hope is an (...) emotion: hope is a felt evaluation for which we can define a corresponding character trait which in its turn qualifies as a virtue if it is felt whenever its correctness conditions are satisfied. For religious hope in particular it follows from my analysis that, if I believe, I may hope. (shrink)

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...) biodiversity hotspots and a world geopolitical map, we can see that the hotspots worldwide fall largely in developing countries. (shrink)

Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...) that when each of these programs has been deemed "effective", it generally means "economically profitable", not effective in improving human health or the environment. The review further shows that as these four methods are compared one to the other, when they do work to improve human health or the environement, their relative ability to do so is directly proportional to the degree of legal control, and indirectly proportional to the role of the market. (shrink)

In reading Barbara Koslowski's "Theory and Evidence: The Development of Scientific Reasoning", one may be convinced that the ancient debate between classical rationalists and empiricists is alive. And like most people who carefully investigate the ability of either rationalism or empiricism truly to account for all of our ability to know, Koslowski arrives at the position of saying that knowledge (in this case scientific knowledge) is a product of both: "neither theory nor data alone is sufficient to achieve scientific success; (...) each must be evaluated in the context of, and constrained by, the other". The problem, according to Koslowski, for those who insist upon empiricism as being the only type of understanding which counts as science, is that we then exclude much of the productive thought in children empiricism champions itself as being theory-independent. The theory-independent notion of science uses covariation as its exclusive criterion for scientific reasoning. "In short, the empiricist aim of rationally reconstructing scientific inquiry in terms of theory-independent principles went along with an (all but exclusive) emphasis on the role of Humean indices. And this, in turn, brought with it a corresponding emphasis on hypothesis testing rather than hypothesis discovery and revision". Consequently, according to Koslowski, if we are willing to expand our notion of scientific reasoning to go beyond testing for covariation, then we will find that many more children and adults can be seen to reason in a manner which would be called "scientific". (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...) of science practice more democratically to special problems. This essay questions that assumption by taking a concrete look at the environmental policy document known as Agenda 21. Can the extant practices of science, which to varying degrees created the need for the Earth Summit in Rio de Janeiro in 1992, remain untouched while economics are restructured, if we are to obtain sustainable development? Simply put, what is a sustainable science? (shrink)

Elsewhere I have argued that the future is made of words and images that we create and use in the present, and that the nature of these words is such that we project our future(s)1 from them[1]. Ultimately, we then treat those projected worlds, made of our own words and images, as being something real, or at least real enough to be considered unavoidable, and thus we read back meaning on the present based upon the unavoidable future that we have (...) created. If one accepts this schema, then it begins to make sense not only to examine this process of future creation, but to examine the particular words and images that we have chosen to create the future. Here, I want to examine a particular word—the word “millennium”. A recent edition of the television programme Equinox began with the question “Why has the millennium— a date of our own making—become the focus for the hopes and fears of mankind?”2 The answer lies in the question—it is our own making. We are not only the ones who have done the mathematical calculation to make it 2000, we have created the meaning and significance that it has. And then strangely, dumb-founded and amazed, we stand back as though we are looking upon something as otherpowered as the sun. How do we do this? (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...) in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...) my new term, “dediction”, does not? For example, if we construct for ourselves a simple list of Latinate roots related to writing and seeing, and then add time-related prefixes, we could quickly come up with “post-script”, “describe”, “description,” “prescribe”, and “prescription”, among others. (“Depict” and “depiction” come to mind as well, but their treatment is beyond my scope here.) If we then do the same for speaking, we have no trouble recognising “predict” and “prediction”, but what about “postdict” and “postdiction” or “dedict” and “dediction”? (shrink)

Previously in Futures, I discussed a word that we use to form an abstract futures concept: “millennium” [1]. In its most common current usage, “millennium” is an example of a word that provides, and one might even say controls, a future orientation for us. In the present essay, I am taking a different approach to the role of the word that I will be discussing. This word is not an example of a future-orientation; rather it is more of an example (...) of language about future-orientation. The word is “expectation”. To make this distinction clearer, it may help to borrow some of the terminological distinctions made by the American logician, C.S. Peirce. First of all, for Peirce, and indeed for my present purposes, signs include words. More specifically, in a paper dated 1867, May 14th, and published in the Proceedings of the American Academy of Arts and Science (Boston), VII (1868) [2] Peirce divided signs into three categories based upon their relationship to their object—Icons, Indices, and Symbols. (Peirce himself used the convention of capitalising the words.) He defined “Icon” as a sign determined by its object “by virtue of its own internal nature”. In comparison, he defined “Index” as a sign determined by its object “by virtue of being in real relation to it”, such as when smoke is a sign of fire. A Symbol, according to Peirce, is a sign determined by its object “only in the sense that it will be so interpreted”. A Symbol thus depends upon conventions or habits. (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...) as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be seen (...) as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the current (...) way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

In quantum mechanics, the wavefunction predicts probabilities of possible measurement outcomes, but not which individual outcome is realised in each run of an experiment. This suggests that it describes an ensemble of states with different values of a hidden variable. Here, we analyse this idea with reference to currently known theorems and experiments. We argue that the ψ-ontic/epistemic distinction fails to properly identify ensemble interpretations and propose a more useful definition. We then show that all local ψ-ensemble interpretations which reproduce (...) quantum mechanics violate Statistical Independence. Theories with this property are commonly referred to as superdeterministic or retrocausal. Finally, we explain how this interpretation helps make sense of some otherwise puzzling phenomena in quantum mechanics, such as the delayed choice experiment, the Elitzur-Vaidman bomb detector, and the Extended Wigner's Friends Scenario. (shrink)

In this chapter we argue that emotions are mediated in an incomplete way in online social media because of the heavy reliance on textual messages which fosters a rationalistic bias and an inclination towards less nuanced emotional expressions. This incompleteness can happen either by obscuring emotions, showing less than the original intensity, misinterpreting emotions, or eliciting emotions without feedback and context. Online interactions and deliberations tend to contribute rather than overcome stalemates and informational bubbles, partially due to prevalence of anti-social (...) emotions. It is tempting to see emotions as being the cause of the problem of online verbal aggression and bullying. However, we argue that social media are actually designed in a predominantly rationalistic way, because of the reliance on text-based communication, thereby filtering out social emotions and leaving space for easily expressed antisocial emotions. Based on research on emotions that sees these as key ingredients to moral interaction and deliberation, as well as on research on text-based versus non-verbal communication, we propose a richer understanding of emotions, requiring different designs of online deliberation platforms. We propose that such designs should move from text-centred designs and should find ways to incorporate the complete expression of the full range of human emotions so that these can play a constructive role in online deliberations. (shrink)

The Austrian system for pensions and care is dated back to the monarchy and was established in the year 1848 when the future empire ensured the whole country. In the settlement with Hungary, the Hungarians got their own system, and now there is a guarantee for the wellbeing of older persons in Austria. As most of the people remember, the only introduction was after the First World War in Austria, between 1918 and 1920 the social assurance system was created by (...) persons such as Ferdinand Hanusch or members of the social-democratic party. Now the whole system has three pillars: the assurance of health; the assurance of accidents; and the assurance for older persons and care, which is covering the risks after the age of 60. It was a class-struggle when people go into a pension, but as far as we can see, the development was similar in the whole of Europe. The changes were done after the Second World War when some of the countries became communist regimes, while Austria became a flower of diversity in the systems of social assurances. There were no private assurances, those who existed were plus-payers, so the state allowed the assurance according to professions and qualifications. As we see, the results are different from the communist states of the Warsaw Pact, and this chapter focuses on explaining the social system of today and the changes of it as it is perceived. (shrink)

A myriad of sensations inform and direct us when we engage with the environment. To understand their influence on the development of our habitus it is important to focus on unifying processes in sensing. This approach allows us to include phenomena that elude a rather narrow view that focuses on each of the five discrete senses in isolation. One of the central questions addressed in this volume is whether there is something like a sensual habitus, and if there is, how (...) it can be defined. This is especially done by exploring the formation and habituation of the senses in and by a culturally shaped habitat. Two key concepts, Synaesthesia and Kinaesthetics, are addressed as essential components for an understanding of the interface of habitat and the rich and multisensory experience of a perceiving subject. At a Berlin-based conference Synaesthesia and Kinaesthetics, scholars from various disciplines gathered to discuss these issues. In bringing together the outcome of these discussions, this book gives new insights into the key phenomena of sensory integration and synaesthetic experiences, it enriches the perspectives on sensually embedded interaction and its habituation, and it expands this interdisciplinary inquiry to questions about the cultures of sensory habitus. (shrink)

Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...) levels of explicability are needed to obtain informed consent when utilizing medical AI? Arguments We proceed in five steps: First, we map the terms commonly associated with explicability as described in the ethics and computer science literature, i.e., disclosure, intelligibility, interpretability, and explainability. Second, we conduct a conceptual analysis of the ethical requirements for explicability when it comes to informed consent. Third, we distinguish hurdles for explicability in terms of epistemic and explanatory opacity. Fourth, this then allows to conclude the level of explicability physicians must reach and what patients can expect. In a final step, we show how the identified levels of explicability can technically be met from the perspective of computer science. Throughout our work, we take diagnostic AI systems in radiology as an example. Conclusion We determined four levels of explicability that need to be distinguished for ethically defensible informed consent processes and showed how developers of medical AI can technically meet these requirements. (shrink)

It is often suggested that social media is a hostile environment for critical thinking and that a major source for epistemic problems concerning social media is that it facilitates emotions. We argue that emotions per se are not the source of the epistemic problems concerning social media. We propose that instead of focusing on emotions, we should focus on the affective scaffolding of social media. We will show that some affective scaffolds enable desirable epistemic practices, while others obstruct beneficial epistemic (...) practices, or enable hostile epistemic practices. Particularly, we will show that emotions play a crucial role in the epistemic practice of critical thinking and that the affective scaffolding of social media can support, or hinder, online critical thinking. The upshot of our argument is that affective scaffoldings of social media can harness emotions to support beneficial epistemic practices, like online critical thinking. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...) Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

Moral (or ethical) sensitivity is widely viewed as a foundational learning goal in engineering ethics education. We have argued in this paper is that this view of moral sensitivity cannot be readily transported from the nursing context to the engineering context on the basis of a care-analogy. The particularized care characteristic of the nursing context is decisively different from the generalized and universalized forms of care characteristic of the engineering context. Through a focus on care and maintenance, the engineering student’s (...) moral sensitivity can be refined, opening up a perceptual awakening and affectivity towards the complex nature of the engineer’s Other. This awakening is in part promoted through an understanding of the ideology of neutrality as a moment in the history engineering. Becoming aware of this ideology as an ideology can then be seen as an activity of dividing loyalties that allows for a reflexive and critical view of the biases and presuppositions inherited within the world of engineering. This process of deepening the engineering student’s moral sensitivity is perhaps as much a process of the student becoming aware of her professional world, how it shapes her understanding of herself, and what it means to be a good engineer. (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

Sabine Hohl and Dominic Roser argue that states that emit their fair share of greenhouse gases have a duty to step in for states that emit more than their fair share. In this comment I ask two questions: First, given that Hohl and Roser are right, how relevant is the duty to step in for the polluters in practice? Second, is there such a duty on more non-ideal approaches than the one taken by Hohl and Roser as well? I (...) argue that the duty to step in for the polluters is not very relevant (because of considerations of demandingness and fairness) and that on more extremely non-ideal approaches there may be only a limited duty to take up the slack, or no such duty at all (because the duty must be weighed against other duties, and because states are poorly motivated to act in conformity with it). (shrink)

Sabine Hossenfelder’s recent book “Lost in Math” has attracted numerous responses, including by notable physicists such as Frank Wilczek. In this article we focus on Wilczek’s remark on that book, in particular on the perils of postempirical science. We also discuss shortly multiverse hypothesis from philosophical perspective. In last section, we offer a resolution from the perspective of Neutrosophic Logic on this problem of classical tension between mathematics and experience approach to physics, which seems to cause the stagnation of (...) modern physics. (shrink)

Although I agree with Sabine Muller’s conclusion that we should first seek to find alternatives to amputation for patients suffering from Body Integrity Identity Disorder (BIID), I disagree with one of the major premises that she uses to argue for her claim. Muller argues that patients with BIID are likely not autonomous when they request that the limb be amputated. Muller’s argument that BIID suffers are not autonomous is flawed because she conflates philosophical conceptions of autonomy with the conception (...) of autonomy that is operative in the context of medicine. (shrink)

These comments on Sabine Grebe, "The Transformation of the Husband/Wife Relationship during Exile: Letters from Cicero and Ovid" raise questions about the similarities and dissimilarities of marriage and friendship examined in the marriages of Cicero and Ovid.

This book is inspired by a German theoretical physicist, Sabine Hossenfelder’s publication: “Lost in Mathematics”. Her book seems to question highly mathematical and a lot of abstraction in the development of physics and cosmology studies nowadays. There is clear tendency that in recent decades, the physics science has been predominated by such an advanced mathematics, which at times sounding more like acrobatics approach to a reality. Through books by senior mathematical-physicists like Unzicker and Peter Woit, we know that the (...) answer of TOE is not in superstring theories or other variations of such 26 dimensional bosonic string theory, of which none of those theories survived experimental test, but perhaps in low dimensional physics. As Alexander Unzicker suggests, perhaps it is more advisable to consider rotation in 3D space (known as SO3), or a kind of superfluid vortices version of gravitation theory. We can also reconsider proposition by the late Prof F. Winterberg (formerly professor at Univ. Nevada, Reno), that it is most likely that superfluid phonon roton theory in 3D can replace the entire superstring theories. While we don’t explore yet implications of his model to particle physics, we discuss here some published papers at several journals in the past few years. (shrink)