This paper is an explication of Gadamer's idea of "application." I argue that the relation between the first and third persons in application contains a viable conception of the normativity of understanding. Application includes a measure for understanding. The thing that is to be understood must be allowed to address me, and such involvement responds to the text’s meaning. While this measure is not expressible in principled rules, application is normatively accountable both to the text’s third-person (...) claim to meaning and to my first-person involvement with the text. The participation of the interpreter with the item of her understanding forms a normative standard. (shrink)

I argue that a concept is applied correctly when it is applied to the kind of things it is the concept of. Correctness as successful kind-tracking is fulfilling an externally and naturalistically individuated standard. And the normative aspect of concept-application so characterized depends on the relational (non-individualistic) feature of conceptual content. I defend this view against two objections. The first is that norms should provide justifications for action, and the second involves a version of the thesis of indeterminacy of (...) reference. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral (...) assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and FUL in (...) the sense that each formula has an irreducible role in Kant’s ethics. In this article I will show that the first and second lines of interpretation cannot fully explain Kant’s account of FLN and I will propose a new interpretation which pertains to the third type. I will explore the schematism model to understand the role of FLN and argue that it is an intermediary principle that fills in a practical gap between the moral law and action. In the end, I will consider a possible objection against this understanding which claims that the schematism model is not applicable to practical judgment since nothing is given in experience. (shrink)

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this (...) the “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

There is a fundamental incompatibility between a developmental orientation to education and instrumental and scientistic conceptions of rationality that dominate educational inquiry. An expanded conception of rationality is provided in the critical theory of Jurgen Habermas. This study draws on Habermas' work to present a theory of inquiry that is consistent with a developmental perspective. I distinguish three interdependent realms of experience--the objective world of nature, the intersubjective world of society and the subjective world of each individual. Then, I argue (...) that current conceptions of rationality tend to reduce personal and interpersonal experience to the objective material realm. Under prevailing conceptions, human action is rational when it pursues valued ends guided by knowledge about the world and effective means-ends relationships. Both theories of knowledge and theories of value in these conceptions are inadequate for a developmental orientation. -/- First, knowledge is defined as justified true belief. Theories of truth are based on the correspondence of beliefs with an external world; theories of justification are based on perceptual certainty. These conceptions objectify experience by making experience an object of natural science and instrumental action separate from and external to the person. Such conceptions reduce experience to the objective material dimension and cannot adequately account for the personal and interpersonal dimensions of human experience and understanding. -/- Second, because value claims are not capable of justification by these standards, they are considered ultimately irrational and treated as subjectively held empirical properties of individuals. The only standard of rationality is efficiency and economy in the selection of means. Ethics is reduced to empirical science. But the removal of practical questions from public discourse divests action of ethical significance. With its strict separation of descriptive and normative domains, empirical-analytic inquiry can neither acknowledge its standard of instrumental efficiency nor reach into the practical arena to guide the selection of values and ends that orient and gude human action. Practical questions that cannot be framed in terms of technical problems cannot be taken seriously. -/- Whereas these conceptions of rationality are generally derived from theories of experienced based on individual consciousness, Habermas looks to language for a more adequate account of the intersubjective nature of experience. This account provides an expanded conception of rationality with theories for justifying beliefs and actions that incorporate the personal and interpersonal dimensions of experience so critical to a developmental perspective. Through an analysis of the universal pragmatic structure of language directed to the resolution of problematic truth claims and moral claims, this study presents a consensus theory of truth (for a more adequate theory of knowledge) and a communicative theory of ethics (based on a more adequate theory of human values). -/- The concept of truth refers to a universal pragmatic convention of the unforced agreement of an ideal community of inquirers. Ethical conduct is guided by norms that reflect a rational general will and that regulate genuine human needs. Problematic truth claims and moral claims are discursively justified by the force of the better argument under the conditions of an anticipated "ideal speech situation" inherent in the very structure of communication. Furthermore, a theory of inquiry is developed in which inquiry processes are represented as historically evolved extensions of developmental process in the three realms of experience. Three interrelated forms of inquiry are derived--empirical-analytic, hermeneutic and critical. I derive each from its respective experiential realm, and indicate the logic of inquiry, object domain, and kind of knowledge gained from each. -/- An exploration of the relationship between inquiry and development provides a foundation for a developmental orientation to education. Finally, the theory is contrasted with prevailing inquiry approaches in education and illustrated with an application to a particular educational problem. (shrink)

This paper offers a normative account of the speech act of explanation with understanding as its norm. The previous accounts of the speech act of explanation rely on the factive notion of understanding and maintain that proper explanations require knowledge. I argue, however, that such accounts are too demanding and do not reflect the everyday practice of explanation and the attribution of understanding. Instead, I argue that the non-factive, objectual attitude of understanding is sufficient for a proper explanation. On (...) the normative level, explanations are governed by an audience-centred norm, i.e., they are sensitive to the epistemic position of the audience. According to the proposed account, an explanation is a communicative act in which one puts the audience in a position to understand the explained phenomenon. This proposal fits into the recent wave of applications of the normative account and makes space for the pluralism of illocutionary acts. (shrink)

I suggest that looking at how Kant’s arguments relate to the stand of the discussion on the relationship between right and ethics in his times contributes to a better understanding of his own position in this matter. I contrast the terms of the pre-Kantian debate with Kant’s take on the matter, in order to point out how Kant gains a new perspective concerning the rela- tionship between ethics and right. While the most prominent pre-Kantian view construed right and ethics as (...) either resulting from the application of a general principle to di erent domains or reciprocally independent, Kant’s own account centres on the difference between outer and inner freedom. I argue that Kant thereby only differentiates two relations of freedom to different hindrances, without implying any separation. This distinction allows him to construe right and ethics as sharing the same normative force of moral obligation. Therefore I suggest that Kant’s view understands the relationship between right and ethics neither as dependence nor as independence, but highlights the normative continuity throughout morals. (shrink)

In recent work, Robert Brandom has articulated important connections between the deontic normative statuses of entitlement and commitment and the alethic modal statuses of possibility and necessity. In this paper, I articulate an until now unexplored connection between Brandom’s core normative statuses of entitlement and commitment and the agentive modal statuses of ability and compulsion. These modals have application not only in action, but also in perception and inference, and, in both of these cases, there is a direct mapping (...) between the normative statuses that one bears towards various claims, articulated from the perspective of the attributor of commitments and entitlements, and the agentive modal statuses that one bears towards various judgments, articulated from the perspective of the undertaker of commitments. I will highlight this correspondence, focusing on the case of perception, and show how it sheds light on the account of mindedness that emerges from Brandom’s theory of discursive practice. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)

The purpose of this essay will be to set out an analysis of a certain philosophical, metaethical angst, which I call “absurd angst,” defend angsty thinking (to the extent it can be), and offer up hopeful suggestions regarding consolation of this angst. In short, I take absurd angst to be a painful worry that there are no normative, non-instrumental reasons to act. This worry, it seems to me, can only come about under a certain moral conceptual scheme, and I will (...) devote a large amount of time here to understanding it. This moral conceptual scheme leads the angsty to accept several nontrivial beliefs about the relationships between moral concepts and their application in true/accurate moral ascriptions. The angsty are led to these beliefs by, I think, a strongly ingrained set of moral concepts which form the basis of their moral system(s). Ultimately, I argue that absurd angst arises in some because the angsty possess moral concepts which lead them to believe either that normative reasons require external reasons (reasons which do not depend, in some critical way, on the internal evaluative states of agents), or that normative reasons require external sources of normativity (grounds or explanations for the normative force and authority of reasons which do not depend, in some critical way, on the internal evaluative states of agents) (these possibilities are not exclusive). This worries the angsty. First, because external sources of normativity are theoretically problematic, and this is felt to, in some way, make moral claims problematic. Second, because a host of painful consequences are thought to follow from a lack of these external sources and a denial of normative reasons to act. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill (...) this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.

In this paper a class of languages which are formal enough for mathematical reasoning is introduced. Its languages are called mathematically agreeable. Languages containing a given MA language L, and being sublanguages of L augmented by a monadic predicate, are constructed. A mathematical theory of truth (shortly MTT) is formulated for some of those languages. MTT makes them fully interpreted MA languages which posses their own truth predicates. MTT is shown to conform well with the eight norms formulated for theories (...) of truth in the paper 'What Theories of Truth Should be Like (but Cannot be)', by Hannes Leitgeb. MTT is also free from infinite regress, providing a proper framework to study the regress problem. Main tools used in proofs are Zermelo-Fraenkel (ZF) set theory and classical logic. (shrink)

The focus of this article is the global and European experience of the reception, assimilation, and social application of the Bible, reproduced in the works of a number of prominent Kyiv Theological Academy (KTA) representatives from the second half of the 19th and early 20th centuries. The analysis specifically covers the works of professors Stefan Solskyi, Kharysym Orda, Nikolai Drozdov, Afanasii Bulgakov, Mykola Makkaveiskyi, Vasylii Pevnytskyi, Arsenii Tsarevskyi, Volodymyr Rybinskyi, Dmytro Bohdashevskyi, and Aleksandr Glagolev. The author uses the metaphor (...) of the Biblical world to describe the historically developed spiritual and cultural component of the European world, for which the Bible played the role of a normative and symbolic core. Affiliation with the Biblical world — as a way of broad social application of the Bible and assimilation of the norms and public behaviors sanctioned by this text — was and still is a stable symbolic marker as well as a cultural and ideological factor of integration with European civilization. The historical panorama of the reception of Biblical knowledge and the inculturation of Biblical morality by Christianized nations, reproduced in the writings of Kyiv academics, is presented as a field of centuries-old intercultural contacts and active inter-confessional interaction, and as an important ideological and moral factor of the socio-political integration and development of civil society. The issues addressed by Biblical studies in Europe and the rest of the world and considerations and solutions prompted by these issues proved to be fruitful for both the academic research and public practices in which academics of the Kyiv Theological Academy were engaged. The past and modern foreign experience related to the inculturation of the Bible was interpreted by the Kyiv researchers in the local context, more specifically, in the modernization attempts of the 19th and early 20th centuries. Therefore, the reflection of European and worldwide experience, though not fully implemented, was productive and was a potential factor that could have contributed to the European modernization of Kyiv cultural and religious life of the time and its integration into the global Biblical World. (shrink)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, (...) and non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

Is the Right to the City (RTTC) still a useful framework for a transformative urban politics? Given recent scholarly criticism of its real-world applications and appropriations, in this paper, we argue that the transformative promise in the RTTC lies beyond its role as a framework for oppositional struggle, and in its normative ends. Building upon Henri Lefebvre's original writing on the subject, we develop a “radical-cooperative” conception of the RTTC. Such a view, which is grounded in the lived experiences of (...) the current city, envisions an urban society in which inhabitants can pursue their material and social needs through self-governed cooperation across social difference. Growing and diversifying spaces and sectors of urban life that are decoupled from global capitalism are, we argue, necessary to create space for this inclusionary politics. While grassroots action is essential to this process, so is multi-scalar support from the state. (shrink)

In a society where filial piety is regarded as a social norm, should a son consent to withdrawing treatments to his terminally ill father or should he request that his father’s life be maintained as long as possible? Leaving a father unattended is regarded as unfilial in a Confucian society, let alone untreated while being ill. Although Taoism also teaches filial piety, it asserts artificially as unnatural. In other words in Taoist view, uselessly prolonging a life through life-sustaining devices (...) or futilely treating an incurable terminal patient is against the will of Heaven. This paper is not an argument in favor of euthanasia but a discussion of what is natural and un-natural in terms of life and death phenomenon from Taoist perspective. Artificial life relying on external means is not harmonious with nature. Thus keeping a person in PVS stage alive should be ethically flaw. In this sense, don’t all attempts to cure illness un-natural? This author will say that if treatments can restore health, then it is not un-natural. But if medical procedures fail to revert the deterorating health of a terminally ill patient and treatments prove to be futile, foregoing treatments can be regarded as flowing with Heaven and thus is ethically justifiable. (shrink)

There are two chief tasks which confront the philosophy of scientific method. The first task is to specify the methodology which serves as the objective ground for scientific theory appraisal and acceptance. The second task is to explain how application of this methodology leads to advance toward the aim(s) of science. In other words, the goal of the theory of method is to provide an integrated explanation of both rational scientific theory choice and scientific progress.

The Knowledge Norm of Assertion claims that it is proper to assert that p only if one knows that p. Though supported by a wide range of evidence, it appears to generate incorrect verdicts when applied to utterances of “I don't know.” Instead of being an objection to KNA, I argue that this linguistic data shows that “I don't know” does not standardly function as a literal assertion about one's epistemic status; rather, it is an indirect speech act that (...) has the primary illocutionary force of opting out of the speaker's conversational responsibilities. This explanation both reveals that the opt-out is an under-appreciated type of illocutionary act with a wide range of applications, and shows that the initial data in fact supports KNA over its rivals. (shrink)

Background: Critically ill patients often require complex clinical care by highly trained staff within a specialized intensive care unit (ICU) with advanced equipment. There are currently limited data on the costs of critical care in low-and middle-income countries (LMICs). This study aims to investigate the direct-medical costs of key infectious disease (tetanus, sepsis, and dengue) patients admitted to ICU in a hospital in Ho Chi Minh City (HCMC), Vietnam, and explores how the costs and cost drivers can vary between the (...) different diseases. -/- Methods: We calculated the direct medical costs for patients requiring critical care for tetanus, dengue and sepsis. Costing data (stratified into different cost categories) were extracted from the bills of patients hospitalized to the adult ICU with a dengue, sepsis and tetanus diagnosis that were enrolled in three studies conducted at the Hospital for Tropical Diseases in HCMC from January 2017 to December 2019. The costs were considered from the health sector perspective. The total sample size in this study was 342 patients. -/- Results: ICU care was associated with significant direct medical costs. For patients that did not require mechanical ventilation, the median total ICU cost per patient varied between US$64.40 and US$675 for the different diseases. The costs were higher for patients that required mechanical ventilation, with the median total ICU cost per patient for the different diseases varying between US$2,590 and US$4,250. The main cost drivers varied according to disease and associated severity. -/- Conclusion: This study demonstrates the notable cost of ICU care in Vietnam and in similar LMIC settings. Future studies are needed to further evaluate the costs and economic burden incurred by ICU patients. The data also highlight the importance of evaluating novel critical care interventions that could reduce the costs of ICU care. (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)

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)

The study aimed to identify the creative environment of the technical colleges operating in Gaza Strip. The analytical descriptive method was used through a questionnaire which was randomly distributed to 289 employees of the technical colleges in Gaza Strip with a total number of (1168) employees and a response rate equal to (79.2%) of the sample study. The results confirmed the existence of a high degree of approval for the dimensions of the creative environment with a relative weight of (75.19%) (...) according to the perspective of the employees of the technical colleges in Gaza Strip. The results of the study showed a high level of creative environment (fluency, flexibility, originality, sensitivity to problems) in the technical colleges in Gaza Strip, where the field (fluency) ranked first and relative weight (76.86%), in the second place came the area (sense of problems) and relative weight (74.89%). The field of elasticity came in third place with a relative weight of (74.59%). Finally, the field of originality came in fourth and final rank with a relative weight of (74.41%). The results showed that there are differences between the technical colleges in the principles of the creative environment in all fields and the overall degree except for the field of flexibility. The most available colleges in these principles were the university college of applied sciences, and that was the least of the Faculty of Al-Aqsa Society. The results showed that there were differences according to the age variable in the areas of creative environment only in the sense of problems for age groups (less than 30 years) and (from 40 to 50 years). The researchers suggested a number of recommendations, the need to enhance the dimensions of the creative environment in technical colleges by working to improve the faculties of fluency, flexibility, originality and sensitivity to problems. The need to work on continuity and improve aspects of the creative environment of the colleges and the creation of new and innovative ways to support and develop and support these aspects combined. Necessity of technical colleges to continue to develop the creative environment (fluency, flexibility, originality, sensitivity to problems) for employees by engaging them in specialized training courses for creative thinking and problem solving. Developing work procedures with new innovative methods that will accomplish the various tasks quickly and accurately, and provide the effort, time and costs. The researchers urged more future studies that address the same variables of the current study in the field of creative environment and applied to other sectors. (shrink)

Appeals to nature are ubiquitous in Epicurean ethics and politics. The foundation of Epicurean ethics is its claim that pleasure is the sole intrinsic good and pain the sole intrinsic evil, and this is supposedly shown by the behavior of infants who have not yet been corrupted, "when nature's judgement is pure and whole." Central to their recommendations about how to attain pleasure is their division between types of desires: the natural and necessary ones, the natural but non-necessary ones, and (...) the vain and empty ones. Elsewhere, the Epicureans talk about the "natural goods" of political power and fame, and they contrast "natural wealth" with wealth as "defined by empty opinion." Finally, in their politics, Epicurus claims that the "the justice of nature is a pledge of reciprocal usefulness, [i.e.,] neither to harm one another nor to be harmed." This paper explores two questions regarding these various appeals to nature. The first is: what is it for these things to be natural, i.e., what notion of "natural" or "nature" is at play here? (Furthermore, is there a single notion being used across these appeals, and if not, how are they related?) The second is: what normative work does a thing's being natural do? That is, what reason, if any, does a desire's being natural give me for pursuing the object of that desire and trying to fulfill that desire, as opposed to not doing so and trying to eliminate it, and similarly for the other appeals to nature? (shrink)

In this paper we present applications of the ACGT Master Ontology (MO) which is a new terminology resource for a transnational network providing data exchange in oncology, emphasizing the integration of both clinical and molecular data. The development of a new ontology was necessary due to problems with existing biomedical ontologies in oncology. The ACGT MO is a test case for the application of best practices in ontology development. This paper provides an overview of the application of the (...) ontology within the ACGT project thus far. (shrink)

We discuss some implications of the Holocaust for moral philosophy. Our thesis is that morality became distorted in the Third Reich at the level of its social articulation. We explore this thesis in application to several front-line perpetrators who maintained false moral self-conceptions. We conclude that more than a priori moral reasoning is required to correct such distortions.

Appropriate measurement scales are fundamental in data analysis, allowing researchers to categorise, select appropriate statistical methods, and analyse and interpret their data accurately. The nominal scale is one such measurement scale in behavioural sciences, which is crucial in organising data into distinct categories. This paper provides an overview of the nominal measurement scale in research data analysis. It explains the characteristics and role of the nominal scale in organising data into distinct categories. The paper discusses methods of collecting nominal scale (...) data, including surveys and observations. It explores the use of the nominal scale in descriptive (such as frequency counts, measures of dispersion and central tendencies), and inferential statistics (such as point biserial correlation, independent t-test, analysis of variance, logistic regression, discriminant analysis, differential item functioning, chi-square test of independence, Kruskal-Walli’s test, and Mann-Whitney U Test). Each technique is explained with assumptions and application areas. In conclusion, the paper emphasises the significance of the nominal scale in data analysis and its contribution to various statistical techniques. It serves as a comprehensive guide for researchers and practitioners looking to understand and utilise the nominal measurement scale in their data analysis. (shrink)

This paper deals with Veronica Rodriguez-Blanco’s answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco’s answer, I offer two main critiques. The first one is based on Rodriguez-Blanco’s comments to David Enoch’s paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact that (...) a theoretical approach that engages in questions about the normativity of law cannot be purely descriptive, therefore against Rodriguez-Blanco I conclude that Enoch’s answer is the only response a descriptive account is able to offer. The second criticism focuses on Rodriguez-Blanco’s response to the paradox and argues that her solution is not, in fact, a descriptive one, but one that relies on strong normative premises, which as it turns out defend a perfectionist perspective towards the law.Resumen:Este trabajo analiza la respuesta que Veronica Rodriguez-Blanco propone para resolver la paradoja de la normatividad del derecho: ¿Cómo es posible que una persona autónoma actúe siguiendo los mandatos de normas jurídicas sin comprometer su autonomía ni su voluntad? El autor ofrece dos críticas a la respuesta de Rodriguez-Blanco. La primera de ellas está basada en los comentarios que Rodriguez-Blanco ha hecho sobre la propuesta de David Enoch. En este punto, el autor argumenta en contra de la idea según la cual una perspectiva descriptiva del derecho puede, y debe, tratar de responder a los problemas generales de la normatividad del derecho. De acuerdo con el autor, una perspectiva que pretenda dar respuesta a los problemas de la normatividad del derecho no puede ser una perspectiva puramente descriptiva. En este sentido, el autor sostiene que la respuesta que ofrece Enoch es la única respuesta que una perspectiva descriptiva del derecho puede dar. La segunda crítica está dirigida a la respuesta que Rodriguez-Blanco da sobre la paradoja de la normatividad. En este segundo punto el autor argumenta que la perspectiva de Rodriguez-Blanco no es una perspectiva descriptiva como ella presume, sino que adopta una perspectiva normativa la cual, además, está comprometida con una idea perfeccionista del derecho. (shrink)

Application 1. The case against Materialism and Illusionism Application 2. Ineffability Application 3. Hard Problems Application 4. Knowledge Argument questions Application 5. Argument for A-theories of time Application 6. Possible qualia are necessary.

This paper examined the possibility of applying the concept of serendipity, which has been referred to in various fields, to Local Government public relations channels. By reviewing the literature, definitions of the concept of serendipity and its evaluation scale in each field were organized. As a result, since the definition of serendipity differs depending on the field, it was found that it is possible to apply it to Local Government Public Relations channels by defining the concept of serendipity for each (...) paper. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. (...) Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

The normative force of evidence can seem puzzling. It seems that having conclusive evidence for a proposition does not, by itself, make it true that one ought to believe the proposition. But spelling out the condition that evidence must meet in order to provide us with genuine normative reasons for belief seems to lead us into a dilemma: the condition either fails to explain the normative significance of epistemic reasons or it renders the content of epistemic norms practical. The first (...) aim of this paper is to spell out this challenge for the normativity of evidence. I argue that the challenge rests on a plausible assumption about the conceptual connection between normative reasons and blameworthiness. The second aim of the paper is to show how we can meet the challenge by spelling out a concept of epistemic blameworthiness. Drawing on recent accounts of doxastic responsibility and epistemic blame, I suggest that the normativity of evidence is revealed in our practice of suspending epistemic trust in response to impaired epistemic relationships. Recognizing suspension of trust as a form of epistemic blame allows us to make sense of a purely epistemic kind of normativity the existence of which has recently been called into doubt by certain versions of pragmatism and instrumentalism. (shrink)

This article argues that certain interpretive trajectories within Jewish tradition – both halakhic (nomos) and aggadic (narrative) – can be illuminated vis-a-vis classical American pragmatism (CAP). Contrary to a prevalent belief, Peirce, James, and Dewey were neither anti-metaphysical nor anti-traditional. They contended, in different ways, that the ‘pragmatic maxim’ (PM) – “truth is what works” in James’s phrasing – is not a narrowly instrumentalist truth test. The PM rather implies that ideas and beliefs (philosophical and religious alike) should be examined (...) against their worldly consequences. After a clarification of this relational idea in its pragmatist philosophical context, and an introductory sketch of the appearances of the PM in Jewish tradition, the article examines the PM within the thought of Rabbi Ḥayyim Hirschensohn (RḤH; 1857-1935). The article runs as follows: Section 1 presents CAP and clarifies what the PM is. Section 2 offers a bird’s eye mapping of the application of the PM within Jewish tradition. Section 3 briefs RḤH’s intellectual biography and elaborates on his pragmatist premises and his application of the PM. Rather than conceiving divine commandments as an arbitrary dictate, RḤH viewed them as purposive, relational, and as constituted and reaffirmed by individual and collective human agreements. Finally, the article reflects on the theological-intellectual prerequisites for the application of the PM. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

In the previous article the hermeneutical approach to ethics was outlined. In my presentation, I would like to illustrate further the methodological consequences of this approach by using two points in contemporary applied ethics. The question is: to what extent is the hermeneutical approach casuistically applicable. We start with the presupposition that the hermeneutical approach does not offer answers to the question of current applied ethics — namely, to the question of what is or is not acceptable in a particular (...) problem situation — but rather, intends to clarify our moral, i.e. normative, response to problem situations. It tries to offer a precise articulation of the normative components of a successful moral decision, without presuming its detailed result. Hermeneutical ethics harks back to conceptual possibilities from the philosophical tradition to clarify the fundamental problem posed by current moral casuistry, and this for two reasons. The first is the idea that these traditional concepts are still at work in our experience and speech, such that, in taking up the tradition, the structure of our present experience is highlighted. The second is the idea that our present experience has moved away from this tradition on certain important points, such that a confrontation with these other possibilities can reveal the recent and relative character of what seems self-evident. To start with, I would like to examine the recent discussions in the media on postmenopausal pregnancy, in particular the argument that a pregnancy resulting from a medical treatment of these ‘older mothers’ is unnatural. Appealing to nature has come into discredit in ethics and in public discussions. Yet, I will defend the position that the notion of naturalness is still part of our moral experience. In other words, when we abandon any appeal to the moral significance of our biological nature, we are no longer able to express essential aspects of our moral experience. This, however, does not deny that the moral meaning of nature needs to be rethought and more accurately articulated; the appeal to nature is not obvious. At the end of my presentation, I will show that an appeal to nature also has a role to play in the recent discussions on cloning human embryos. (shrink)

Assertion is governed by an epistemic norm requiring knowledge. This idea has been hotly debated in recent years, garnering attention in epistemology, philosophy of language, and linguistics. This chapter presents and extends the main arguments in favor of the knowledge norm, from faulty conjunctions, several conversational patterns, judgments of permission, excuse, and blame, and from showing how. (Paired with a chapter by Peter J. Graham and Nikolaj J. L. L. Pedersen, "Knowledge is Not Our Norm of Assertion.").

The problem with how we mythologise reality is arguably at the core of humanity’s ecological/existential crisis. While others have pointed to this, F. W. Schelling produced a philosophy of art which both confirms it and lays the foundations for how it can be addressed. This involves reversing the polarities of the ‘modern mythology’, related directly to Art-and-Humanity’s joint meaning crisis which Schelling claimed originates in our alienation from Nature and the rise of ‘revealed religion’. Despite his resurgence (inspiring Complexity Science), (...) the relevance of Schelling’s aesthetics to resolving humanity’s long-standing ethical problems has been neglected. In this paper, I begin by framing Schelling’s view on religion, contextualising his ontological, cosmological approach to art. I then argue why his ‘dialectical aesthetics’, grounded in ‘process metaphysics’, presents a radical advance on Kant’s and Hegel’s ‘reflective’ standpoint featured in our dominant theoretical aesthetic paradigm (causing art’s sharpest decline via the evolving ‘modern’ suppression of metaphoric thinking by ‘symbolic idealism’, at the heart of our ‘worlding’ problems). Then, showing how Schelling’s Principle of Art leads us archetypally back to the normative sciences, I argue redirecting the self-destructive modern mythology means reorienting ‘final cause’ in our narratology. And why this firstly requires distinguishing proper metaphor from the symbolic constructions common in ‘conceptual art’. (In a subsequent paper, Schelling’s Art ‘in the Particular’ will be revealed to offer the practical application of his Principle to any artforms/works ‘for all time’ in praxis, advancing my argument here for why his system offers a suitable framework for collectively re-worlding the world). (shrink)

Current advances in research, development and application of artificial intelligence systems have yielded a far-reaching discourse on AI ethics. In consequence, a number of ethics guidelines have been released in recent years. These guidelines comprise normative principles and recommendations aimed to harness the “disruptive” potentials of new AI technologies. Designed as a semi-systematic evaluation, this paper analyzes and compares 22 guidelines, highlighting overlaps but also omissions. As a result, I give a detailed overview of the field of AI ethics. (...) Finally, I also examine to what extent the respective ethical principles and values are implemented in the practice of research, development and application of AI systems—and how the effectiveness in the demands of AI ethics can be improved. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can (...) be understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

Perspectival realism combines two apparently contradictory aspects: the epistemic relativity of perspectives and the mind-independence of realism. This paper examines the prospects for a coherent perspectival realism, taking the literature on scientific representation as a starting point. It is argued that representation involves two types of norms, referred to as norms of relevance and norms of accuracy. Norms of relevance fix the domain of application of a theory and the way it categorises the world, and norms of accuracy give (...) the conditions for the theory to be true. Perspectival realism could be made coherent by taking a realist stance towards one type of norm, and a perspectival stance towards the other, by assuming they are relative to a community. This provides two versions of perspectival realism, called relevance perspectivism and accuracy perspectivism. How each option fares with respect to the challenge of incompatible models is examined. Finally, the prospects of full perspectivism are evaluated. (shrink)

It could be argued that -/- (1) red is not green -/- is contingently true, but -/- (2) █_1 is not █_2 -/- is necessarily true.

The primary aim of this paper is to critically evaluate the deductive model of ethical applications, which is based on normative ethical theories like deontology and consequentialism, and to show why a number of models have failed to furnish appropriate resolutions to practical moral problems. Here, for the deductive model, I want to call it a “Linear Mechanical Model” because the basic assumption of this model is that if a normative theory is sacrosanct, then the case is as it is. (...) The conclusion derived from the case will also be correct, true and acceptable. However, traditional ethicists used to apply their ethical theories, but they did not know which moral theory was effective on the ground level of reality. The study will show readers how ethical theories are in conflict with each other in the case of euthanasia. In more precise words, “which ethical theories are said to be applied, meta-ethical or normative, or both for the resolution of ethical problems? If normative theories are said to be applied, how the application can take place when it is contrary to our experience, that (then) in a situation of moral crises, no one really applies a theory?” For that, my argument is the linear model has failed because it is rigid, often ignores the agents’ intrinsic values, and has no space to amend it, no matter how bizarre the consequence is. Its alternative is the Inductive model. For that, the paper will take three moral principles (autonomy, beneficence including maleficence, and justice) of Beauchamp & Childress. This suggests us for resolving value-laden moral problems, we should consider some steps such as a) recognising moral issues to start with; b) developing the moral imagination; c) sharpening analytical/critical skills; d) testing out disagreements; e) effecting decisions and behavior; and f) implementation, closure, and process are of vital importance, in other words, it starts with the free and informed consensus of all interested parties, but this model also has been failed because the model could not give a systematic organization to their way of resolution. Here, my argument is that the inductive model provides resolution of the practical problem but ignores what is ethically obligatory, permissible, or wrong in that situation, and there are no appropriate suggestions in the case of a moral crisis. (shrink)

This is a survey of recent debates concerning the normativity of belief. We explain what the thesis that belief is normative involves, consider arguments for and against that thesis, and explore its bearing on debates in metaethics.

Research on the ethics of algorithms has grown substantially over the past decade. Alongside the exponential development and application of machine learning algorithms, new ethical problems and solutions relating to their ubiquitous use in society have been proposed. This article builds on a review of the ethics of algorithms published in 2016, 2016). The goals are to contribute to the debate on the identification and analysis of the ethical implications of algorithms, to provide an updated analysis of epistemic and (...) normative concerns, and to offer actionable guidance for the governance of the design, development and deployment of algorithms. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

This dissertation aims to look at the moral justification for war in a critical way so that we can better understand both the justice and morality of war. In contrast to natural disasters, war has historically been viewed as an extreme manifestation of human social failure. The vast majority of theorists who address the morality of war do so within the moral framework established by Just War Theory; a normative account of war that dates all the way back to the (...) Western Philosophical Tradition over 1500 years. Recent events in the conduct of wars around the world, however, have called into question the just war theory's relevance and applicability to contemporary wars. For instance, morality and virtue have had no place in society during recent wars. This work will examine several major theorists in the history of Western Just War Theory (St Thomas Aquinas and Augustine), demonstrating that the forefathers of Just War Theory did regard moral virtues and ethical principles as central to the morality of war. I will critically examine the concept of a just war through a discussion of various formulations of the realist and pacifist positions and argue that, while the just war tradition offers a reasonable alternative to either of these extremes, its glaring shortcomings (the theory's inability to address the rise of non-state actors such as al-Qaeda, the increasing availability of weapons of mass destruction, etc) should not be overlooked. Finally, I will argue that the theory of just war is obsolete, impractical, unrealistic, and flawed in the modern era, particularly if one wishes to maintain a moral constraint on war. (shrink)

History has been disparaged since the late 19th century for not conforming to norms of scientific explanation. Nonetheless, as a matter of fact a work of history upends the regnant philosophical conception of science in the second part of the 20th century. Yet despite its impact, Kuhn’s Structure has failed to motivate philosophers to ponder why works of history should be capable of exerting rational influence on an understanding of philosophy of science. But all this constitutes a great irony and (...) a mystery. The mystery consists of the persistence of a complete lack of interest in efforts to theorize historical explanation. Fundamental questions regarding why an historical account could have any rational influence remain not merely unanswered, but unasked. The irony arises from the fact that analytic philosophy of history went into an eclipse where it remains until this day just around the time that the influence of Kuhn’s great work began to make itself felt. This paper highlights puzzles long ignored regarding the challenges a work of history managed to pose to the epistemic authority of science, and what this might imply generally for the place of philosophy of history vis-à-vis the problems of philosophy. (shrink)