This thesis is about the conceptualization of persistence of physical, middle-sized objects within the theoretical framework of the revisionary ‘B-theory’ of time. According to the B-theory, time does not flow, but is an extended and inherently directed fourth dimension along which the history of the universe is ‘laid out’ once and for all. It is a widespread view among philosophers that if we accept the B-theory, the commonsensical ‘endurance theory’ of persistence will have to be rejected. The endurance theory says (...) that objects persist through time by being wholly present at distinct times as numerically the same entity. Instead of endurantism, it has been argued, we have to adopt either ‘perdurantism’ or the ‘stage theory’. Perdurantism is the theory that objects are four-dimensional ‘space-time worms’ persisting through time by having distinct temporal parts at distinct times. The stage theory says that objects are instantaneous temporal parts (stages) of space-time worms, persisting by having distinct temporal counterparts at distinct times. In the thesis, it is argued that no good arguments have been provided for the conclusion that we are obliged to drop the endurance theory by acceptance of the B-theory. This conclusion stands even if the endurance theory incorporates the claim that objects endure through intrinsic change. It is also shown that perdurantism and the stage theory come with unwelcome consequences. -/- Paper I demonstrates that the main arguments for the view that objects cannot endure in B-time intrinsically unchanged fail. Papers II and III do the same with respect to the traditional arguments against endurance through intrinsic change in B-time. Paper III also contains a detailed account of the semantics of the tenseless copula, which occurs frequently in the debate. The contention of Paper IV is that four-dimensional space-time worms, as traditionally understood, are not suited to take dispositional predicates. In Paper V, it is shown that the stage theory needs to introduce an overabundance of persistence-concepts, many of which will have to be simultaneously applicable to a single object (qua falling under a single sortal), in order for the theory to be consistent. The final article, Paper VI, investigates the sense in which persistence can, as is sometimes suggested, be a ‘conventional matter’. It also asks whether alleged cases of ‘conventional persistence’ create trouble for the endurance theory. It is argued that conventions can only enter at a trivial semantic level, and that the endurance theory is no more threatened by such conventions than are its rivals. (shrink)

This book is in honour of Professor Anna-Sofia Maurin on her 50th birthday. It consists of eighteen essays on metaphysical issues written by Swedish and international scholars.

Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...) even animal-like robots could condition our treatment of humans: treat these robots well, as we would treat humans, or else risk eroding good moral behavior toward humans. But then, this argument also seems to justify giving rights to robots, even if robots lack intrinsic moral status. In recent years, however, this indirect argument in support of robot rights has drawn a number of objections. In this paper I have three goals. First, I will formulate and explicate the Kant-inspired indirect argument meant to support robot rights, making clearer than before its empirical commitments and philosophical presuppositions. Second, I will defend the argument against a number of objections. The result is the fullest explication and defense to date of this well-known and influential but often criticized argument. Third, however, I myself will raise a new concern about the argument’s use as a justification for robot rights. This concern is answerable to some extent, but it cannot be dismissed fully. It shows that, surprisingly, the argument’s advocates have reason to resist, at least somewhat, producing the sorts of robots that, on their view, ought to receive rights. (shrink)

Auf die Frage „Was ist Wahrnehmung und welche Rolle spielt sie für die Objektivität der Erfahrung?“ hätte Ernst Cassirer vermutlich schlicht geantwortet: „Wahrnehmung ist eine erste Form objektiver Erfahrung.“ Tobias Endres macht es sich zur Aufgabe, Cassirers „Philosophie der symbolischen Formen“ einer Neu- und Gesamtinterpretation zu unterziehen und sie als eine „Phänomenologie der Wahrnehmung“ auszulegen. In Auseinandersetzung mit klassischen und gegenwärtigen Wahrnehmungstheorien wie der Sinnesdatentheorie, dem Disjunktivismus oder dem Enaktivismus gelingt es dem Autor, die Aktualität und Originalität solch einer (...) phänomenologischen Wahrnehmungstheorie aufzuzeigen. (shrink)

Are acts of violence performed in virtual environments ever morally wrong, even when no other persons are affected? While some such acts surely reflect deficient moral character, I focus on the moral rightness or wrongness of acts. Typically it’s thought that, on Kant’s moral theory, an act of virtual violence is morally wrong (i.e., violate the Categorical Imperative) only if the act mistreats another person. But I argue that, on Kant’s moral theory, some acts of virtual violence can be morally (...) wrong, even when no other persons or their avatars are affected. First, I explain why many have thought that, in general on Kant’s moral theory, virtual acts affecting no other persons or their avatars can’t violate the Categorical Imperative. For there are real world acts that clearly do, but it seems that when we consider the same sorts of acts done alone in a virtual environment, they don’t violate the Categorical Imperative, because no others persons were involved. But then, how could any virtual acts like these, that affect no other persons or their avatars, violate the Categorical Imperative? I then argue that there indeed can be such cases of morally wrong virtual acts—some due to an actor’s having erroneous beliefs about morally relevant facts, and others due not to error, but to the actor’s intention leaving out morally relevant facts while immersed in a virtual environment. I conclude by considering some implications of my arguments for both our present technological context as well as the future. (shrink)

This paper builds off the Our Data Ourselves research project, which examined ways of understanding and reclaiming the data that young people produce on smartphone devices. Here we explore the growing usage and centrality of mobiles in the lives of young people, questioning what data-making possibilities exist if users can either uncover and/or capture what data controllers such as Facebook monetize and share about themselves with third-parties. We outline the MobileMiner, an app we created to consider how gaining access to (...) one’s own data not only augments the agency of the individual but of the collective user. Finally, we discuss the data making that transpired during our hackathon. Such interventions in the enclosed processes of datafication are meant as a preliminary investigation into the possibilities that arise when young people are given back the data which they are normally structurally precluded from accessing. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

If one follows the accounts by philosophers of science and the discussions in scientific communities, there can be little doubt that failure is an essential part of scientific practice. It is essential both in the sense of being integral to scientific practice and of being necessary for its overall success. Researchers who create new scientific knowledge face uncertainties about the nature of the problem they are trying to solve, the existence of a solution to that problem, the way in which (...) a solution can be found, and their ability to find such a solution (Gläser, 2007, 247). The existence of these uncertainties means, in turn, that each research process carries the risk of failure. (shrink)

Leibniz thinks that every created substance is causally active, and yet causally independent of every other: none can cause changes in any but itself. This is not controversial. But Leibniz also thinks that every created substance is existentially independent of every other: it is metaphysically possible for any to exist with or without any other. This is controversial. I argue that, given a mainstream reading of Leibniz’s essentialism, if one accepts the former, uncontroversial interpretation concerning causal independence, then one ought (...) also to accept the latter, controversial one concerning existential independence. This is a new way to defend the ‘existential independence’ interpretation. Moreover, this defense provides a new approach for defending the broadly ‘non-logical’ interpretive camp in the longstanding debate over Leibniz’s views on incompossibility, against perhaps the strongest objection leveled by advocates of the opposing broadly ‘logical’ interpretation. (shrink)

This article re-examines Ned Block‘s ( 1997 , 2007 ) conceptual distinction between phenomenal consciousness and access consciousness. His argument that we can have phenomenally conscious representations without being able to cognitively access them is criticized as not being supported by evidence. Instead, an alternative interpretation of the relevant empirical data is offered which leaves the link between phenomenology and accessibility intact. Moreover, it is shown that Block’s claim that phenomenology and accessibility have different neural substrates is highly problematic in (...) light of empirical evidence. Finally, his claim that there can be phenomenology without cognitive accessibility is at odds with his endorsement of the 'same-order-theory' of consciousness. (shrink)

Phineas Gage’s story is typically offered as a paradigm example supporting the view that part of what matters for personal identity is a certain magnitude of similarity between earlier and later individuals. Yet, reconsidering a slight variant of Phineas Gage’s story indicates that it is not just magnitude of similarity, but also the direction of change that affects personal identity judgments; in some cases, changes for the worse are more seen as identity-severing than changes for the better of comparable magnitude. (...) Ironically, thinking carefully about Phineas Gage’s story tells against the thesis it is typically taken to support. (shrink)

From the early reception of Thomas Aquinas up to the present, many have interpreted his theory of liberum arbitrium to imply intellectual determinism: we do not control our choices, because we do not control the practical judgments that cause our choices. In this paper we argue instead that he rejects determinism in general and intellectual determinism in particular, which would effectively destroy liberum arbitrium as he conceives of it. We clarify that for Aquinas moral responsibility presupposes liberum arbitrium and thus (...) the ability to do otherwise, although the ability to do otherwise applies differently to praise and blame. His argument against intellectual determinism is not straightforward, but we construct it by analogy to his arguments against other deterministic threats. The non-determinism of the intellect’s causality with respect to the will results from his claims that practical reasoning is defeasible and that the reasons for actions are not contrastive reasons. (shrink)

The personal identity relation is of great interest to philosophers, who often consider fictional scenarios to test what features seem to make persons persist through time. But often real examples of neuroscientific interest also provide important tests of personal identity. One such example is the case of Phineas Gage – or at least the story often told about Phineas Gage. Many cite Gage’s story as example of severed personal identity; Phineas underwent such a tremendous change that Gage “survived as a (...) different man.” I discuss a recent empirical finding about judgments about this hypothetical. It is not just the magnitude of the change that affects identity judgment; it is also the negative direction of the change. I present an experiment suggesting that direction of change also affects neuroethical judgments. I conclude we should consider carefully the way in which improvements and deteriorations affect attributions of personal identity. This is particularly important since a number of the most crucial neuroethical decisions involve varieties of cognitive enhancements or deteriorations. (shrink)

Our aim in this entry is to articulate the state of the art in the moral psychology of personal identity. We begin by discussing the major philosophical theories of personal identity, including their shortcomings. We then turn to recent psychological work on personal identity and the self, investigations that often illuminate our person-related normative concerns. We conclude by discussing the implications of this psychological work for some contemporary philosophical theories and suggesting fruitful areas for future work on personal identity.

Ein Dilemma in Kants Theorie der Subjektivität besteht darin, dass er einerseits von einem identischen Ich als dem Gegenstand eines reinen Selbstbewusstseins spricht, andererseits bestreiten muss, dass es sich bei diesem Ich um einen realen Gegenstand handelt. Horstmanns Interpretation des kantischen Ichs als bloßer Aktivität wird als Ausweg aus diesem Dilemma verworfen. Dann wird gezeigt, dass Kant außer realen auch logische Gegenstände kennt und dass das Ich ein solcher bloß logischer Gegenstand ist.

The aim of the paper is to highlight a hidden reception of Ernst Cassirer’s works in the writings of Wilfrid Sellars. To set out such reception, I will begin with defining criteria that allow us to point out a possible influence from one thinker on another. In a second step, I will present several links between the set-out criteria and the constellation Sellars-Cassirer. Finally, the Cassirer Lectures Series at Yale, Sellars’ review of Language and Myth as well as Sellars’ lecture (...) Philosophy and the Scientific Image of Man will serve as at the basis for an analysis of historical and systematic connections between Cassirer and Sellars. The conclusion will show that we actually can speak of a hidden influence from Cassirer on Sellars’ thought and that philosophical desiderata remain in this context which are worth to explore even today. (shrink)

Abstract The subjectivity of conscious experience is a central feature of our mental life that puzzles philosophers of mind. Conscious mental representations are presented to me as mine, others remain unconscious. How can we make sense of the difference between them? Some representationalists (e.g. Tye) attempt to explain it in terms of non-conceptual intentional content, i.e. content for which one need not possess the relevant concept required in order to describe it. Hanna claims that Kant purports to explain the subjectivity (...) of conscious experience in this way. This paper examines this claim in some detail in the context of a more general criticism of this kind of attempt to explain subjectivity and proposes a different reading of Kant that also leads to an alternative account of subjectivity independent from content. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; (...) it is an essential branch of it. (shrink)

Leibniz accepts causal independence, the claim that no created substance can causally interact with any other. And Leibniz needs causal independence to be true, since his well-known pre-established harmony is premised upon it. So, what is Leibniz’s argument for causal independence? Sometimes he claims that causal interaction between substances is superfluous. Sometimes he claims that it would require the transfer of accidents, and that this is impossible. But when Leibniz finds himself under sustained pressure to defend causal independence, those are (...) not the reasons that he marshals in its defense. Instead, deep into his long correspondence with Burchard de Volder, he gives a different sort of argument, one that has gone nearly unnoticed by commentators and has not yet been properly understood. In part, this is because the argument develops slowly over four years of correspondence. It emerges in early 1704, but it is formulated tersely and appears murky unless understood in light of Leibniz and De Volder’s tangled exchanges. There Leibniz argues that, on his distinctive ontology of an infinity of created substances, no two created substances could possibly causally interact, for roughly the same reasons that some Cartesians like De Volder deny interaction between minds and bodies on their substance dualist ontology. In this paper I draw out this lost argument, explain it and the metaphysics on which Leibniz builds it, and untangle Leibniz and De Volder’s exchanges concerning causation from which this argument results. (shrink)

This paper defends the idea that Cassirer's methodology is idealistic in regard to validity claims and the structuralist views he holds and at the same time empiric in regard to the facts and genealogy of culture. This perspective is best to be unfolded along Cassirer's model of representation. The author does so by showing that Cassirer's triad of symbolic articulation (expressive, presentational, significative) and the triad of symbolic development (mimetic, analogical, symbolic) form a coherent and exhaustive theory of symbolic formation. (...) In order to defend this view, two main objections from the secondary literature against the consistency of this essential theory piece of The Philosophy of Symbolic Forms have to be rejected. (shrink)

The article examines Cassirer's complete works as well as his posthumous writings with regard to Heinz Paetzold's thesis that Cassirer's philosophy undergoes a transformation to anthropology in his late work as well as Guido Kreis' thesis that such a transformation of the philosophy of symbols is not possible because it cannot guarantee its own ground. The author demonstrates a continuity in Cassirer's thinking with regard to the topic of anthropology, according to which Cassirer has been dealing with the problem of (...) a metaphysics of the symbolic since at least 1921 and already in 1928 makes an initial determination of man as a being capable of form. The resumption of the anthropological question occurs in 1939 and is in clear continuity with the previous works. The reconstruction of the genesis of An Essay on Man (1944) that follows on from this finally reveals a hitherto well-kept secret of Cassirer-research, namely an answer to the question of why history first appears as a symbolic form in Cassirer's last published work. (shrink)

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

The dominant position in current debates on the mind-body problem is some version of physicalism, according to which the mind is reducible to the brain and mental phenomena are ultimately explainable in physical terms. But there seems to be an explanatory gap between physicalistic descriptions of neuronal processes and the subjectivity of conscious experience. Some dualists conclude that, therefore, consciousness must be ontologically distinct from any physical properties or entities. This article introduces and argues for a different perspective on these (...) issues, namely, an epistemological dualism - a nonreductive position which is neither a version of physicalism nor an ontological dualism. It is argued that Kant holds this epistemological dualism implicitly as a consequence of his critical epistemology. On the one hand, he stresses the explanatory gap between the mental and the physical. On the basis of his theory of subjectivity set out in the Transcendental Deduction, Kant provides an explanation for why the gap cannot be closed empirically, as the physicalist promises. On the other hand, in his criticism of Descartes’ dualism in the Paralogismschapter, Kant argues that an ontological conclusion on the basis of this epistemological gap is unjustified even though physicalism is explanatory inadequate to account for consciousness. Thus, this epistemological dualism can be seen as an original third way between physicalist reductionism and ontological dualism. (shrink)

One popular conception of natural theology holds that certain purely rational arguments are insulated from empirical inquiry and independently establish conclusions that provide evidence, justification, or proof of God’s existence. Yet, some raise suspicions that philosophers and theologians’ personal religious beliefs inappropriately affect these kinds of arguments. I present an experimental test of whether philosophers and theologians’ argument analysis is influenced by religious commitments. The empirical findings suggest religious belief affects philosophical analysis and offer a challenge to theists and atheists, (...) alike: reevaluate the scope of natural theology’s conclusions or acknowledge and begin to address the influence of religious belief. (shrink)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing Expectation Rate Rule (...) Utilitarianism, better solves partial acceptance problems. (shrink)

Two separate research programs have revealed two different factors that feature in our judgments of whether some entity persists. One program—inspired by Knobe—has found that normative considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when the changes it undergoes lead to improvements. The other program—inspired by Kelemen—has found that teleological considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when it preserves its purpose. Our goal (...) in this paper is to determine what causes persistence judgments. Across four studies, we pit normative considerations against teleological considerations. And using causal modeling procedures, we find a consistent, robust pattern with teleological and not normative considerations directly causing persistence judgments. Our findings put teleology in the driver’s seat, while at the same time shedding further light on our folk notion of an object. (shrink)

Medieval authors generally agreed that we have the freedom to choose among alternative possibilities. But most medieval authors also thought that there are situations in which one cannot do otherwise, not even will otherwise. They also thought when willing necessarily, the will remains free. The questions, then, are what grounds the necessity or contingency of the will’s acts, and – since freedom is not defined by the ability to choose – what belongs to the essential character of freedom, the ratio (...) libertatis. This article studies medieval theories of freedom without choice from William of Auxerre to William of Ockham and their background in Augustine, Anselm of Canterbury, and Bernard of Clairvaux. (shrink)

Many philosophers claim to employ intuitions in their philosophical arguments. Others contest that no such intuitions are used frequently or at all in philosophy. This article suggests and defends a conception of intuitions as part of the philosophical method: intuitions are special types of philosophical assumptions to which we are invited to assent, often as premises in argument, that may serve an independent function in philosophical argument and that are not formed through a purely inferential process. A series of philosophical (...) case studies shows that intuitions in these arguments contain the relevant features. The view has implications for philosophical method, offering a compromise between opponents on the divisive debate of the merits of experimental philosophy: experimental philosophy provides an especially useful role in philosophical assumption analysis. (shrink)

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs do (...) appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

This paper presents arguments from empirical research and from philosophical considerations to the effect that phenomenality and content are two distinct and independent features of mental representations, which are both relational. Thus, it is argued, classical arguments that infer phenomenality from content have to be rejected. Likewise, theories that try to explain the phenomenal character of experiences by appeal to specific types of content cannot succeed. Instead, a dynamic view of consciousness has to be adopted that seeks to explain consciousness (...) by certain ways of processing representations. Therefore, only empirical methods that are able to investigate the dynamics of the mind can be used for the “quest for consciousness” proper. Moreover, the central intuitions about consciousness are best explained when phenomenality and content are clearly distinguished. (shrink)

Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting the ideal code (...) given various assumptions—assumptions about who will accept and comply with the rules, but also about how the rules will be taught and enforced, and how similar the future will be. Previous rich discussions about partial acceptance provide a taxonomy and groundwork for formulating the best version of Rule-Consequentialism. (shrink)

Scalar Utilitarianism eschews foundational notions of rightness and wrongness in favor of evaluative comparisons of outcomes. I defend Scalar Utilitarianism from two critiques, the first against an argument for the thesis that Utilitarianism's commitments are fundamentally evaluative, and the second that Scalar Utilitarianism does not issue demands or sufficiently guide action. These defenses suggest a variety of more plausible Scalar Utilitarian interpretations, and I argue for a version that best represents a moral theory founded on evaluative notions, and offers better (...) answers to demandingness concerns than does the ordinary Scalar Utilitarian response. If Utilitarians seek reasonable development and explanation of their basic commitments, they may wish to reconsider Scalar Utilitarianism. (shrink)

Paper presented at the symposium on the occasion of the retirement of Sven Ove Hansson. The symposium took place on 13-14 December 2019 at the Royal Institute of Technology in Stockholm, Sweden.

»Mit Heideggers Eintreffen in Marburg begann … für das philosophische Denken eine neue Epoche.« – So erinnert sich Hans-Georg Gadamer an Heideggers Marburger Zeit, und nicht nur Heideggers eigenes Schaffen, auch die anhaltende Wirkung von Sein und Zeit und den anderen in Marburg verfassten Schriften und Vorlesungen, geben diesem Diktum recht. Seit diese Texte in der Gesamtausgabe vorliegen, wird immer deutlicher, wie sich Heidegger in Marburg philosophisch entwickelt hat, welche Ideen, Lektüren und Begegnungen diese Zeit prägten und welche Wege Heideggers (...) Denken in Marburg nahm. Als Ergebnis der »Übergangsarbeit« der Marburger Zeit hat Heidegger mit Sein und Zeit einen Text geschaffen, der zur Mitte seines Denkens werden sollte, und dies auch und gerade deshalb, weil dieses Werk Heideggers unvollendet geblieben ist. In einer Anmerkung zur letzten Seite heißt es in diesem Sinne, das Buch stelle einen Weg des Denkens da, aber »nicht ›den‹ einzigen«. Dass Sein und Zeit das in der Einleitung gesteckte Ziel nicht erreicht und Fragment geblieben ist, ist nur ein Anzeichen für die Komplexität, die wesentliche Schwierigkeit und innere Spannung der Themen, Argumente und Konstellationen, mit denen Heidegger sich in Marburg beschäftigt hat. ... (shrink)

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...) impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

This bibliography contains primary and secondary literature on Duns Scotus and Scotism.

Este resumo é um trabalho baseado no artigo publicado por Ferreira (2021), intitulado "Será a psicanálise uma pseudociência? Reavaliando a doutrina utilizando uma lista de multicritérios". Além de se apoiar nele, coloca uma proposta de expansão sobre as implicações éticas de sua conclusão. O artigo original, publicado na revista Debates em Psiquiatria, busca fazer uma avaliação da doutrina psicanalítica utilizando da proposta de demarcação de Sven Ove Hansson.