Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national criminal law (‘the (...) overall function issue’) must be more convincingly explained. Fourth, the purposes of punishment in ICL, as opposed to the traditional purposes discussed in national criminal law, must be elaborated (‘the purposes of punishment issue’). There is a partly vertical and partly horizontal relationship between these issues. It is, for example, of course impossible to reflect upon ius puniendi, overall function and purposes of punishment without having clarified the concept of ICL in the first place. Also, a treatment of overall function and purposes of punishment seems to be predicated on the justification of the ius puniendi. Indeed, the lack of a satisfactory answer to the ius puniendi issue is maybe the most important theoretical weakness of current ICL. This article therefore aims to demonstrate that a supranational ius puniendi can be inferred from a combination of the incipient supranationality of the world order (understood normatively as an order of values) and the concept of a world society composed of world citizens whose law—the ‘world citizen law’ (‘Weltbürgerrecht’)—is derived from universal, indivisible and interculturally recognized human rights predicated upon a Kantian concept of human dignity. The incipient world order and the world society are represented by the international community (to be understood as a community of values) which becomes the holder of the ius puniendi. (shrink)

The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...) eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...) the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

I thought the paper by Kai-yee Wong and Chris Fraser was fascinating and insightful. Two things I especially appreciated are the clarity with which they summarize my views. I think they are quite fair and accurate. Second, I appreciate their suggestion that the way to deal with the practical problem of weakness of will has much to do with the role of the Background in shaping our actions. I think they are especially on the right track when they say that (...) the improvement of Background skills may actually narrow the range of real options for action, (p. 21) nonetheless, they do not decrease freedom. As they say, “It is a process of strengthening the self, and the agent is likely to experience the concomitant restriction of ‘live’ options not as a limitation but as strength of character.” (p. 21). That seems to me very much on the right track. What they are suggesting, and it is a powerful addition to my own writings, is that we should not just think of the Background as facilitating languages, games and social practices generally, but for morality as well (p. 23). (shrink)

We investigate whether ordinary quantification over objects is an extensional phenomenon, or rather creates non-extensional contexts; each claim having been propounded by prominent philosophers. It turns out that the question only makes sense relative to a background theory of syntax and semantics (here called a grammar) that goes well beyond the inductive definition of formulas and the recursive definition of satisfaction. Two schemas for building quantificational grammars are developed, one that invariably constructs extensional grammars (in which quantification, in particular, thus (...) behaves extensionally) and another that only generates non-extensional grammars (and in which quantification is responsible for the failure of extensionality). We then ask whether there are reasons to favor one of these grammar schemas over the other, and examine an argument according to which the proper formalization of deictic utterances requires adoption of non-extensional grammars. (shrink)

It is not quite as easy to see that there is in fact no formula of this modal language having the same truth conditions (in terms of S5 Kripke semantics) as (1). This was rst conjectured by Allen Hazen2 and later proved by Harold Hodes3. We present a simple direct proof of this result and discuss some consequences for the logical analysis of ordinary modal discourse.

The sense of agency is a basic feature of our subjective experience. Experimental studies usually focus on either its attributional aspects or on its motoric aspects. Here, we combine both aspects and focus on the subjective experience of the time between action and effect. Previous studies [Haggard, P., Aschersleben, G., Gehrke, J., & Prinz, W.. Action, binding and awareness. In W. Prinz, & B. Hommel, Common mechanisms in perception and action: Attention and performance. Oxford: Oxford University Press] have shown a (...) temporal attraction in the perceived times of actions and effects, but did directly not study the relation between them. In three experiments, time estimates of an interval between an action and its subsequent sensory effect were obtained. The actions were either voluntary key press actions performed by the participant or kinematically identical movements applied passively to the finger. The effects were either auditory or visual events or a passive movement induced to another finger. The results first indicated a shortening of the interval between one’s own voluntary action and a subsequent effect, relative to passive movement conditions. Second, intervals initiated by observed movements, either of another person or of an inanimate object, were always perceived like those involving passive movements of one’s own body, and never like those involving active movements. Third, this binding effect was comparable for auditory, somatic and visual effects of action. Our results provide the first direct evidence that agency involves a generalisable relation between actions and their consequences, and is triggered by efferent motor commands. (shrink)

Drawing on insights of thinkers in the natural rights tradition, Draper analyzes numerous hypothetical cases including those involving a runaway trolley, then seeks to determine if killing civilians in war is ever justified. In his consideration of this issue he avoids appealing to the principle of double effect. Having considered hypothetical cases at length, he leaves it to others to decide if any option to go to war is justifiable. In this regard he himself is sceptical.

In Reverse Mathematics, the axiom system DNR, asserting the existence of diagonally non-recursive functions, is strictly weaker than WWKL0.

The essence of the associated-proposition strategy is to distinguish the necessary proposition _expressed by_ a sentence.

The aim of this Web-based survey of 15 German companies with an international profile was to identify which higher-level values serve as a basis for a company culture that promotes integrity and can thereby also be used to promote crime prevention. Results on about 2000 managers in German parent companies and almost 600 managers in Central and North European branch offices show that a major preventive role can be assigned to a company culture that promotes integrity. This requires a ‘tone (...) from the top’, ‘ethical leadership’ from the direct superior, and a general set of values that can be encouraged through training courses. Moreover, employees have to perceive these values as promoting their careers. The survey reveals that the companies in this study have basically succeeded in establishing their system of values in their Central and North European as well as their Asian branch offices. Moreover, it shows that the main values preventing crime on the management level are trustworthiness and consistency. Open communication is an important value on all levels of a company, and this is supplemented by transparency, compliance with the rules, and a rejection of behaving in one’s own interest. It is concluded that in spite of regional differences, major international companies can possibly make an important contribution to bringing about cultural change in regions with an affinity for corruption by implementing a culture that promotes integrity in both their company and their daily business. (shrink)

Many find the prospect of death distressing at least partly because they believe that death deprives its subject of life’s benefits. Properly qualified, the belief is surely true. But should its truth lead us to conclude that there is something dreadful or awful about death, something that merits distress?

In this paper, we discuss three probabilistic arguments for the existence of multiple universes. First, we provide an analysis of total evidence and use that analysis to defend Roger White's "this universe" objection to a standard fine-tuning argument for multiple universes. Second, we explain why Rodney Holder's recent cosmological argument for multiple universes is unconvincing. Third, we develop a "Cartesian argument" for multiple universes. While this argument is not open to the objections previously noted, we show that, given certain highly (...) plausible assumptions about evidence and epistemic probability, the proposition which it treats as evidence cannot coherently be regarded as evidence for anything. This raises the question of whether to reject the assumptions or accept that such a proposition cannot be evidence. (shrink)

African ethics is primarily concerned with community and harmonious communal relationships. The claim is frequently made on behalf of African moral beliefs and customs that, in stark contrast with Western moral attitudes and practices, there is no comparable objectification and exploitation of other-than-human animals and nature. This article investigates whether this claim is correct by examining the status of animals in religious and philosophical thought, as well as traditional cultural practices, in Africa. I argue that moral perceptions and attitudes on (...) the African continent remain resolutely anthropocentric. Although values like ubuntu or ukama have been expanded to include nonhuman nature, animals are characteristically not seen to have any rights, and human duties to them are almost exclusively “indirect.” I conclude by asking whether those who, following their own liberation, continue to exploit and oppress other creatures—simply because they can—are not thereby contributing to their own dehumanization. (shrink)

Hitchcock advances a diachronic Dutch Book argument (DDB) for a 1/3 answer to the Sleeping Beauty problem. Bradley and Leitgeb argue that Hitchcock’s DDB argument fails. We demonstrate the following: (a) Bradley and Leitgeb’s criticism of Hitchcock is unconvincing; (b) nonetheless, there are serious reasons to worry about the success of Hitchcock’s argument; (c) however, it is possible to construct a new DDB for 1/3 about which such worries cannot be raised.

This paper studies the state of charge estimation of supercapacitors and lithium batteries in the hybrid energy storage system of electric vehicles. According to the energy storage principle of the electric vehicle composite energy storage system, the circuit models of supercapacitors and lithium batteries were established, respectively, and the model parameters were identified online using the recursive least square method and Kalman filtering algorithm. Then, the online estimation of SOC was completed based on the Kalman filtering algorithm and unscented Kalman (...) filtering algorithm. Finally, the experimental platform for SOC estimation was built and Matlab was used for calculation and analysis. The experimental results showed that the SOC estimation results reached a high accuracy, and the variation range of estimation error was [−0.94%, 0.34%]. For lithium batteries, the recursive least square method is combined with the 2RC model to obtain the optimal result, and the estimation error is within the range of [−1.16%, 0.85%] in the case of comprehensive weighing accuracy and calculation amount. Moreover, the system has excellent robustness and high reliability. (shrink)

African ethics is primarily concerned with community and harmonious communal relationships. The claim is frequently made on behalf of African moral beliefs and customs that African society does not objectify and exploit nature and natural existents, unlike Western moral attitudes and practices. This book investigates whether this claim is correct by examining religious and philosophical thought, as well as traditional cultural practices in Africa. Through exploration of what kind of status is reserved for other-than-human animals in African ethics, Horsthemke argues (...) that moral perceptions and attitudes on the African continent remain resolutely anthropocentric, or human-centred. Although values like ubuntu (humanness) and ukama (relationality) have been expanded to include nonhuman nature, animals have no rights, and human duties to them are almost exclusively 'indirect'. Animals and African Ethics concludes by asking whether those who, following their own liberation, continue to exploit and oppress other creatures, are not thereby contributing to their own dehumanization. (shrink)

The subjective experience of time is a fundamental constituent of human consciousness and can be disturbed under conditions of mental disorders such as schizophrenia or affective disorders. Besides the scientific domain of psychiatry, time consciousness is a topic that has been extensively studied both by theoretical philosophy and cognitive neuroscience. It can be shown that both approaches exemplified by the philosophical analysis of time consciousness and the neuroscientific theory of cross-temporal contingencies as the neurophysiological basis of human consciousness implemented in (...) the prefrontal cortex converge in 2 respects. Firstly, a tripartite conception of consciousness divides human cognition in 3 different temporal domains comprising retention, presentation, and protention and the past, the present, and the future corresponding to working memory, interference control, and preparatory set. Secondly, both concepts refer to the present as an extended duration that integrates information from the recent past and the future. We propose that the integration of phenomenological and neuroscientific approaches can stimulate the development of enriched pathophysiological concepts of mental disorders. This approach appears to be particularly fruitful with respect to schizophrenia that is interpreted as a structural disturbance of time consciousness. (shrink)

Papers presented cover: new approaches to evolutionary epistemology, new applications, critical evaluations, and the nature of the mind. Paper edition (unseen), $25.50. Annotation copyrighted by Book News, Inc., Portland, OR.

This article re-examines the role of the brain in self-recognition. It reconsiders the idea that the frontal and cortical midline structures are important for self-specific experience in light of several recent reviews of neuroscience literature. The findings suggests that the frontal cortex and the cortical midline structure are not the only areas involved in self-related tasks and that these areas may be involved not because the tasks are self-specific, but because they are tasks that involve a specific kind of cognitive (...) operation, specifically reflective evaluation. (shrink)

We see a systematic set of cut-free axiomatisations for all the basic normal modal logics formed by some combination the axioms d, t, b, 4, 5. They employ a form of deep inference but otherwise stay very close to Gentzen’s sequent calculus, in particular they enjoy a subformula property in the literal sense. No semantic notions are used inside the proof systems, in particular there is no use of labels. All their rules are invertible and the rules cut, weakening and (...) contraction are admissible. All systems admit a straightforward terminating proof search procedure as well as a syntactic cut elimination procedure. (shrink)

The positivists defined analyticity as truth in virtue of meaning alone and advocated the view that the notion of analyticity so defined is co-extensive with both the notion of an a priori truth an...

This paper is an exploration of the nature of what is perhaps the most widely recognized justification for inflicting harm on human beings: the appeal to defense (self-defense and other-defense). I develop and defend a rights-based account of the appeal to defense that takes into account whether and to what degree both the aggressor and his potential victim are morally responsible for the relevant threat. However, unlike most extant rights-based accounts, mine is not a forfeiture account. That is, I do (...) not attempt to explain the permissibility of defense in terms of the aggressor’s loss of a right not to be harmed. Instead I appeal directly to the fact that defense in the relevant cases prevents the aggressor from infringing upon the rights of his potential victim. Accordingly, I call my account a “prevention account.”. (shrink)

Identity, we're told, is the binary relation that every object bears to itself, and to itself only. But how can a relation be binary if it never relates two objects? This puzzled Russell and led Wittgenstein to declare that identity is not a relation between objects. The now standard view is that Wittgenstein's position is untenable, and that worries regarding the relational status of identity are the result of confusion. I argue that the rejection of identity as a binary relation (...) is perfectly tenable. To this end, I outline and defend a logical framework that is not committed to an objectual identity relation but is nevertheless expressively equivalent to first-order logic with identity. After it has thus been shown that there is no indispensability argument for objectual identity, I argue that we have good reasons for doubting the existence of such a relation, and rebut a number of attempts at discrediting these reasons. (shrink)

In my essay, I critically discuss the work of the French philosopher and sinologist François Jullien. First, I reconstruct the social and political context from which Jullien’s thinking emerged in the late 1970 s and 1980 s. Second, I analyze a number of philosophical and sinological premises underlying his interpretation of Chinese and European thought. By comparing his interpretation of traditional Chinese thought with other approaches, it is possible to get a better understanding of Jullien’s creative appropriation of the other. (...) I conclude by pointing out perspectives for future research. (shrink)

Cet article se demande si un dialogue entre la civilisation chinoise et Leo Strauss est possible et à quelles conditions. Il décrit le contexte d’introduction de Strauss en Chine, en se concentrant sur Liu Xiaofeng, l’un des straussiens les plus influents de la Chine contemporaine. L’analyse de son interprétation de la critique straussienne de la modernité occidentale fait ressortir deux distorsions fondamentales : là où Strauss considérait l’« enseignement tyrannique » comme quelque chose de théorique, Liu en fait un plan (...) d’action politique ; au lieu de reconnaître la modernité des bases idéologiques de l’État fondé par Mao Zedong, il les interprète au crible de la tradition. Cette double déformation contredit l’intention de Strauss en tant que philosophe zététique et socratique. (shrink)

This paper examines the impact of the recent financial crisis on the relation between a firm’s risk and social performance using a sample of non-financial U.S. firms covering the period 1991–2012. We find that the relation between SP and risk is significantly different in the crisis period compared to the pre-crisis period. SP reduces volatility during the financial crisis. The risk reduction potential of SP is mainly due to the strengths component of SP. Since the relation of risk is stronger (...) with SP strengths than SP concerns, this implies an asymmetric relation between these SP components and a firm’s risk. Specifically, strengths act as a risk reduction tool during an adverse economic environment. (shrink)

The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.

The human self model comprises essential features such as the experiences of ownership, of body-centered spatial perspectivity, and of a long-term unity of beliefs and attitudes. In the pathophysiology of schizophrenia, it is suggested that clinical subsyndromes like cognitive disorganization and derealization syndromes reflect disorders of this self model. These features are neurobiologically instantiated as an episodically active complex neural activation pattern and can be mapped to the brain, given adequate operationalizations of self model features. In its unique capability of (...) integrating external and internal data, the prefrontal cortex (PFC) appears to be an essential component of the neuronal implementation of the self model. With close connections to other unimodal association cortices and to the limbic system, the PFC provides an internally represented world model and internal milieu data of the organism, both serving world orientation. In the pathophysiology of schizophrenia, it is the dysfunction of the PFC that is suggested to be the neural correlate for the different clinical schizophrenic subsyndromes. The pathophysiological study of psychiatric disorders may contribute to the theoretical debate on the neuronal basis of the self model. (shrink)

Four Distinctions for the Auditory “Wastebasket” of Timbre1.

Handfield and Bird claim that dispositionalists such as Martin and Heil appeal to antidotes and finks to explain why and how a conditional analysis of dispositions falls to Kripke's criticisms, but fail. The main reason is that some antidotes and finks are unavoidably intrinsic and relatively permanent in an agent, in which case the ascription of a rule-following disposition to the agent is false. In this paper, I contend that the presence of intrinsic and relatively permanent finks or antidotes does (...) not imply the absence of a rule-following disposition; some additional condition is needed for this implication to go through, but remains wanting. I end the paper with a discussion of where the real challenge lies for realist dispositionalism. (shrink)

Successful innovations are deemed to be necessary requisites for enterprise success. On the other hand, works council participation and employee participation are judged differently as either fostering employee and enterprise benefits or only the former or even none. Both forms of participation have found diverging theoretical and empirical argumentations regarding innovations. Here, we argue and show empirically that both forms of participation deliver positive contributions to innovation success, economically and employee-related, substantiated with qualitative reports from 36 process innovation cases and (...) quantitative data from 44 cases. Qualitative case analyses reveal different profiles of works council participation depending on the innovation type. Independent of the innovation types, more successful innovations are marked by more intensive participation. Quantitative examinations of a causal model with path analysis specify how this is achieved: works council and employee participation further the growth of appropriate knowledge and the former also raises the coordination capability; both are essential preconditions for innovation success. A direct impact of works councils on innovation success complements the indirect effects. The slightly modified path analysis explains 53% of the innovation success variance. (shrink)

Recently, it has been shown that the perceived times of voluntary movements and their effects are perceived as shifted towards each other. This temporal binding phenomenon was explained by an integrated representation of movement and effect, facilitating operant learning and the experience of intentionality. Here, we investigated whether temporal binding depends on explicit intentional attributions. In Experiment 1, participants intended to either produce or avoid producing an effect by the timing of their movements, with the ratio of success being fixed (...) at 2:1. In Experiments 2 and 3, the influence of the action–effect contingency ratio on temporal binding was controlled for by removing the intentional attribution of the effect. The results indicate that temporal binding is a general associative mechanism that facilitates the learning of movement–effect contingencies. Beyond that, temporal binding is sensitive to explicit intentional attributions, which selectively enhance the link between an intentional movement and the effect a moving agent intends to produce. (shrink)

This book examines the Condorcet Jury Theorem and how its assumptions can be applicable to the real world. It will use the theorem to assess various familiar political practices and alternative institutional arrangements, revealing how best to take advantage of the truth-tracking potential of majoritarian democracy.

Writing collectively as the Oscar Seminar in 2008, John Pollock and several colleagues advance an objectivist argument for a 1/3 solution to the Sleeping Beauty problem. In 2011, Joel Pust raises a serious objection to their argument to which Paul D. Thorn, a member of the Oscar Seminar, offers a subtle reply. I argue that the Oscar Seminar s argument for 1/3 is unsound. I do not, however, defend Pust’s objection. Rather I develop a new objection, one that is not (...) threatened by the considerations to which Thorn appeals in his reply to Pust. (shrink)

Stephen Barker (The Philosophical Quarterly, 47 (1997), pp. 195–211) has presented a new argument for a pure material implication analysis of indicative conditionals. His argument relies crucially on the assumption that general indicatives such as ‘Every girl, if she gets a chance, bungee‐jumps’ are correctly analysed as having the formal structure (for all x)(if x gets a chance, x bungee‐jumps). This paper argues that an approach first proposed by David Lewis must be pursued: the ‘if’‐clause in these sentences restricts the (...) quantifier. Only the Lewis‐style analysis can deal with sentences involving non‐universal quantifiers such as ‘Most letters are answered if they are shorter than 5 pages’. I show that Barker's reasons for rejecting the restrictor analysis are not cogent and that the restrictor analysis connects widely with recent work in natural language semantics. (shrink)

In §93 of The Principles of Mathematics, Bertrand Russell observes that “the variable is a very complicated logical entity, by no means easy to analyze correctly”. This assessment is borne out by the fact that even now we have no fully satisfactory understanding of the role of variables in a compositional semantics for first-order logic. In standard Tarskian semantics, variables are treated as meaning-bearing entities; moreover, they serve as the basic building blocks of all meanings, which are constructed out of (...) variable assignments. But this has disquieting consequences, including Fine’s antinomy of the variable and an undue dependence of meanings on language. Here I develop an alternative, Fregean version of predicate logic that uses the traditional quantifier–variable apparatus for the expression of generality, possesses a fully compositional, non-representational semantics, and is not subject to the antinomy of the variable. The advantages of Fregean over Tarskian predicate logic are due to the former’s treating variables not as meaningful lexical items, but as mere marks of punctuation, similar to parentheses. I submit that this is indeed how the variables of predicate logic should be construed. (shrink)

It is well known that the Neo-Confucian thinker Zhu Xi particularly emphasizes the role of emotions in human life. This paper shows that the four ‘moral emotions’ are central to Zhu's thinking, insofar as only their genuine actualization enables the individual to achieve spiritual freedom. Moreover, I discuss the crucial notions of ‘awareness’/‘perception’ and ‘knowledge’/‘wisdom’, in order to reveal the complex dynamic that moral emotions are said to create in the moral agent. I also analyse two important passages from the (...) Mencius and examine how Zhu Xi, in his exegetical glosses, defines the conditions of virtuous agency as based on the moral emotions. Finally, I explain the reasons why Neo-Confucians like Zhu Xi have sometimes been described as Kantian thinkers avant la lettre. (shrink)

In this paper, I consider two curious subsystems ofFrege's Grundgesetze der Arithmetik: Richard Heck's predicative fragment H, consisting of schema V together with predicative second-order comprehension (in a language containing a syntactical abstraction operator), and a theory T in monadic second-order logic, consisting of axiom V and 1 1-comprehension (in a language containing anabstraction function). I provide a consistency proof for the latter theory, thereby refuting a version of a conjecture by Heck. It is shown that both Heck and T (...) prove the existence of infinitely many non-logical objects (T deriving,moreover, the nonexistence of the value-range concept). Some implications concerning the interpretation of Frege's proof of referentiality and the possibility of classifying any of these subsystems as logicist are discussed. Finally, I explore the relation of T toCantor's theorem which is somewhat surprising. (shrink)

The concept of the network has become embedded in social thought and imagery, articulating what at root is inarticulable. The network metaphor occupies an ontological space, but this space, insofar as it is posed as a philosophical question, seems to assume a network-like shape itself. It may be particularly rewarding to read the constellations studied by Michel Foucault and Gilles Deleuze from this point of view, in light of the analysis of the preconditions of networks. This paper examines how the (...) question of the ontology of networks is addressed by these thinkers, especially with regard to the historicity of ontology. (shrink)