Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

Arbitration is a preferred method for the resolution of international business disputes. As of yet, most publications on online arbitration deal with legal issues. In this paper, we present an Online arbitration environment that we believe facilitates the participants in a meaningful way. Our assumption is that an ODR service should be easy to use (convenient), and at the same time provide meaningful support. More specifically we have paid attention to four criteria that we believe are important, viz. simplicity, awareness, (...) orientation and timeliness. The online arbitration service is called GearBi. (shrink)

Escalation of commitment causes people to continue a failing course of action. We study the role of construal level in such escalation of commitment. Consistent with the widely held view of construal level as a primed effect, we employed a commonly used prime for manipulating this construct in a laboratory experiment. Our findings revealed that the prime failed to produce statistically significant differences in construal level, which was measured using the Behavior Identification Form. Furthermore, there was no effect of the (...) prime on escalation of commitment, or on constructs that have previously been linked to construal level such as the perceived importance of feasibility considerations relative to desirability considerations, and the number of pros and cons that subjects can think of.Interestingly, however, subjects’ actual construal level scores on the BIF were found to significantly affect escalation. Specifically, our findings show that people with a low construal level are less willing to continue a failing project. This relation is mediated by the perceived importance of the feasibility of the project relative to its desirability. For people with a low construal level, the perceived importance of feasibility relative to desirability is higher, which in turn makes escalation of commitment less likely.Our findings are consistent with prior research suggesting that priming construal level may not always be effective. Thus, while construal level has typically been regarded as a state-like variable that can be primed, in this study, we show that construal level may also be considered as a trait. (shrink)

We show that a computable function $f:\mathbb R\rightarrow \mathbb R$ has Luzin’s property if and only if it reflects $\Pi ^1_1$ -randomness, if and only if it reflects $\Delta ^1_1$ -randomness, and if and only if it reflects ${\mathcal {O}}$ -Kurtz randomness, but reflecting Martin–Löf randomness or weak-2-randomness does not suffice. Here a function f is said to reflect a randomness notion R if whenever $f$ is R-random, then x is R-random as well. If additionally f is known to have (...) bounded variation, then we show f has Luzin’s if and only if it reflects weak-2-randomness, and if and only if it reflects $\emptyset '$ -Kurtz randomness. This links classical real analysis with algorithmic randomness. (shrink)

We show that a computable function $f:\mathbb R\rightarrow \mathbb R$ has Luzin’s property if and only if it reflects $\Pi ^1_1$ -randomness, if and only if it reflects $\Delta ^1_1$ -randomness, and if and only if it reflects ${\mathcal {O}}$ -Kurtz randomness, but reflecting Martin–Löf randomness or weak-2-randomness does not suffice. Here a function f is said to reflect a randomness notion R if whenever $f$ is R-random, then x is R-random as well. If additionally f is known to have (...) bounded variation, then we show f has Luzin’s if and only if it reflects weak-2-randomness, and if and only if it reflects $\emptyset '$ -Kurtz randomness. This links classical real analysis with algorithmic randomness. (shrink)

L'objet de ce livre est le rapport complexe et assez conflictuel du socialisme/ communisme avec la religion (ou les religions), comme conséquence de la sécularisation, du développement de la pensée matérialiste-athée et de la critique radicale de la religion par Feuerbach, Marx et tous les autres représentants d'une pensée socialiste, communiste ou athée aux XIXe et XXe siècles. Après avoir abordé la problème de la "guerre" déclarée à la religion, au nom de l'athéisme et de la vision du monde scientifique (...) du matérialisme historique et dialectique, par Lénine, Staline et les bolcheviks, pendant les campagnes anti-religieuses, menées en Union Soviétique, notamment à partir de l'année 1925, ainsi que la situation a priori difficile des Eglises dans les pays satellites de l'URSS, en Europe de l'Est, dans l'après-guerre, l'auteur consacre une partie importante de ce livre à l'analyse de l'amorce d'un dialogue entre marxistes (athées) et chrétiens, dans les pays de l'Est, dans la période 1960 à 1975, en focalisant notamment sur la situation en R.D.A. et sur la contribution importante et originelle à ce dialogue par le philosophe marxiste allemand Ernst Bloch dont le livre Athéisme dans le christianisme (1968) avait été assez favorablement accueilli par certains théologiens protestants progressistes allemands (J. Moltmann, C.H. Ratschow...) mais surtout par les représentants de la Théologie de la Libération en Amérique Latine (L. Boff, Gutierrez, Dussel, E. Cardinal) qui s'en sont inspirés pour leur combat en faveur d'une Eglise des pauvres et une alliance des chrétiens avec les forces politiques progressistes. En effet, il s'agissait, pour Ernst Bloch, de plaider en tant que philosophe "athée-religieux" pour une alliance constructive d'un marxisme authentique libéré de ses scories dogmatiques, avec les chrétiens de gauche, libérés des entraves de l'orthodoxie religieuse, afin de construire ensemble un monde meilleur, démocratique et plus égalitaire, libéré des injustices et des violences. (shrink)

The article discusses Sartre’s the o retical conversion towards Marxism and historical ma t e r ialism. It emphasizes, however, that this conversion has ne v e r implied abandoning certain existentialist conc e p t s. In the Critique of dialectical reason Sartre aimed at defining a new dialectics, in which the subjective and ex i stential dimension is part of the process of economic, political and social transformation.

Kolman's philosophy has been, throughout the major part of his life, distinctly Stalinist. After he had been released from prison and after the 20th Congress of the Communist Party of the U.S.S.R., he became critical of Stalinist dogmatism in philosophy and politics. Although his philosophic thought underwent some -- if only minor -- changes, Kolman remained entirely within the framework of Marxist philosophy, retaining its foundations, as contained in the writings of 'the classics' of Marxism -- Marx, Engels and Lenin.

Max Horkheimer, the founder of the critical theory of the ‘Frankfurt School’, died in July 1973. In his essay dedicated to this great thinker, sociologist and philosopher, the author attempts to uncover the theoretical roots of this critical thinking in the philosopher's early work. He analyses Horkheimer's early commitment to the cause of the victims of social, economic and political oppression as well as all systems that trample on the freedom and dignity of the individual and that discriminate against and (...) persecute minorities. He also pays special attention to Horkheimer's struggle against the authoritarian state, against totalitarianism as well as anti-Semitism. (shrink)

Thesis--Fribourg. Cf. Das Schweizer Buch. Serie B. 1966.

Name der Zeitschrift: Kant-Studien Jahrgang: 108 Heft: 1 Seiten: 19-54.

Background: Gait analysis after total ankle replacement and ankle arthrodesis is usually measured barefoot. However, this does not reflect reality. The purpose of this study was to compare patients barefoot and with footwear. Methods: We compared 126 patients (total ankle replacement 28, ankle arthrodesis 57, and tibiotalocalcaneal arthrodesis 41) with 35 healthy controls in three conditions (barefoot, standardized running, and rocker bottom shoes). Minimum follow-up was 2 years. We used dynamic pedobarography and a light gate. Main outcome measures: relative midfoot (...) index, forefoot maximal force, walking speed. Findings: The relative midfoot index decreased in all groups from barefoot to running shoes and again to rocker bottom shoes (p < 0.001). The forefoot maximal force increased wearing shoes (p < 0.001), but there was no difference between running and rocker bottom shoes. Walking speed increased by 0.06 m/s with footwear (p < 0.001). Total ankle replacement and ankle arthrodesis were equal in running shoes but both deviated from healthy controls (total ankle replacement/ankle arthrodesis smaller RMI p = 0.07/0.017; increased forefoot maximal force p = 0.757/0.862; slower walking speed p < 0.001). In rocker bottom shoes, this ranking remained the same except the relative midfoot index merged to similar values. Tibiotalocalcaneal arthrodesis were inferior in both shoes. Interpretation: Runners are beneficial and the benefit is greater for fusions and replacements. Rocker bottom shoes have little added benefit. Total ankle replacement and ankle arthrodesis were equal but inferior to healthy controls. Tibiotalocalcaneal arthrodesis has an inferior outcome. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The comic book hero Superman grew from a social crusader and a “champion of the oppressed” in the 1930s, to a patriotic and paternalistic fighter for “Truth, Justice, and the American way” in the 1940s and 1950s, to a compassionate Christ‐like savior in the latter part of the twentieth century – and always defending the Judeo‐Christian values upheld by the American majority. Friedrich Nietzsche’s “superman,” on the other hand, firmly rejects the very same values its superhero namesake upholds. While it (...) has been a common trope in the superhero genre and popular culture in general to characterize figures explicitly based on Nietzsche’s Übermensch as inhuman monsters, this chapter argues that Nietzsche’s concept can be reinstated through the character of Superman himself. Like Übermensch, Superman is strong, creative, noble, independent, and life‐affirming, but unlike him, Superman is compassionate and looks out for the little guy. (shrink)

Exploration of the political roles firms play in society is a flourishing stream within corporate social responsibility research. However, few empirical studies have examined multiple levels of political CSR at the same time from a critical perspective. We explore both how the motivations of managers and internal organizational practices affect a company’s choice between competing CSR approaches, and how the different CSR programs of corporate and civil society actors compete with each other. We present a qualitative interpretative case study of (...) how a French children’s clothing retailer develops CSR practices in response to accusations of poor working conditions and child labor in its supply chain. The company’s CSR approach consists of superficial practices, such as supplier audits by a cooperative business-organized nongovernmental organization and philanthropic activities, which enable managers to silence more radical alternative models defended by other NGOs, activists, and trade unions. By this approach, the core business model based on exploitative low-cost country sourcing remains intact through self-regulated CSR. Through the case study, we develop a framework of dynamism in competing CSR programs. We discuss the implications of our study for CSR researchers, company managers, and policy makers. (shrink)

Arno Bammé geht es in diesem Buch darum, die sozialhistorischen Wurzeln der gegenwärtigen Problematik im Verhältnis Natur/Gesellschaft/Wissenschaft/Technik deutlich zu machen. Ausgangspunkt seiner Argumentation ist David Bloors Edinburgh Strong Programme, demzufolge auch der”hard core“der Wissenschaft sozialen Ursprungs ist. Sein Ziel ist es, der tatsächlichen historischen Entwicklung, die sehr chaotisch verlaufen ist, soziologisch eine Struktur zu geben - in Form dreier Zäsuren, wobei das Wechselverhältnis von Wissenschaft, Technik und Gesellschaft im Vordergrund steht.

Continuous reducibilities are a proven tool in Computable Analysis, and have applications in other fields such as Constructive Mathematics or Reverse Mathematics. We study the order-theoretic properties of several variants of the two most important definitions, and especially introduce suprema for them. The suprema are shown to commutate with several characteristic numbers.

Einleitung: Die französischen Materialisten des 18. Jahrhunderts, von A. Baruzzi.--La Mettrie, von A. Baruzzi.--Helvétius, von E. Voegelin und P. Leuschner.--Diderot, von T. Schabert.--Sade, von A. Baruzzi.--Bibliographisches Stichwort (p. 168-174).

Ernst Cassirer's philosophy of culture has been much discussed in recent years. However, it remains unclear how it evolved from his older theory of knowledge. This study deals with this question on the basis of Cassirer's 'disposition' of a 'philosophy of the symbolic', reconstructed here for the first time. This text shows that the 'symbolic' refers to culture as a whole and to its inherent diversity. Therefore, 'the symbolic' includes the relationship between the general transcendental conditions of culture and its (...) empirical specificities in language and languages, art and the arts, myth and myths, science and disciplines. Cassirer does not comprehend this empirical and specific reality of symbolization depending on pre-existing transcendental conditions. Instead, he proceeds from the empirical diversity of the symbolisations and reflects on their simultaneously general and specific conditions. Thus, Cassirer embarks on a path that he finds paved in Kant's "Critique of Judgement": He consequently defines 'the symbolic' as the horizon for a reflective approach based on empirical findings - and not as the foundation of a systematic derivation of the diversity of culture in the style of the idealistic tradition. (shrink)

Although machine learning has been successful in recent years and is increasingly being deployed in the sciences, enterprises or administrations, it has rarely been discussed in philosophy beyond the philosophy of mathematics and machine learning. The present contribution addresses the resulting lack of conceptual tools for an epistemological discussion of machine learning by conceiving of deep learning networks as ‘judging machines’ and using the Kantian analysis of judgments for specifying the type of judgment they are capable of. At the center (...) of the argument is the fact that the functionality of deep learning networks is established by training and cannot be explained and justified by reference to a predefined rule-based procedure. Instead, the computational process of a deep learning network is barely explainable and needs further justification, as is shown in reference to the current research literature. Thus, it requires a new form of justification, that is to be specified with the help of Kant’s epistemology. (shrink)

We define and investigate a family of local–global principles for fields involving both orderings and p-valuations. This family contains the PAC, PRC and PpC fields and exhausts the class of pseudo classically closed fields. We show that the fields satisfying such a local–global principle form an elementary class, admit diophantine definitions of holomorphy domains, and their orderings satisfy the strong approximation property.

This paper reviews the debate on the notion of biological function and on functional explanation as this takes place in philosophy. It describes the different perspectives, issues, intuitions, theories and arguments that have emerged. The author shows that the debate has been too heavily influenced by the concerns of a naturalistic philosophy of mind and argues that in order to improve our understanding of biology the attention should be shifted from the study of intuitions to the study of the actual (...) practice of biological inquiry. (shrink)

The work [11] deals with questions of first-order definability in algebraic function fields. In particular, it exhibits new cases in which the field of constant functions is definable, and it investigates the phenomenon of definable transcendental elements. We fix some of its proofs and make additional observations concerning definable closure in these fields.