This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.

This article gives a concise overview on developments in German legal philosophy since 1990. After briefly sketching the previous streams, dating back to 1945, it focuses on current tendencies and topics. Three main debates are reported in detail, namely the debates on the structure of legal argumentation, on the structure of the legal system, and on Radbruch’s Formula. This includes, inter alia, Robert Alexy’s new theory of balancing as well as the debate on the role of logic in legal reasoning. (...) Overall, the article introduces the main protagonists and schools as well as their respective advantages, drawbacks, and challenges. (shrink)

Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy.

Derechos fundamentales, intereses y triunfos -- Proporcionalidad y moral -- El problema de la inconmensurabilidad -- Objeciones adicionales -- Análisis de caso.

This article investigates the concept and the construction of judicial discretion. The strengths and weaknesses of both Dworkin and Hart are analysed, and in view of these, it is argued that a full picture of judicial discretion is between the two extremes. Thus, a moderate theory of judicial discretion is maintained which is based on achievements by Robert Alexy (2002b). The article develops a balancing model of discretion and relates it to the theory of legal argumentation. The limits of discretion (...) and the relation between structural (strong) and epistemic (weak) discretion are addressed in detail, both with illustrations from the jurisdiction of the German Federal Constitutional Court. (shrink)

This collection assembles twelve contributions discussing Rainer Forst’s political and social philosophy. Forst’s work is addressed from the perspective of how it can contribute to tackling some co...

Whether the prefrontal cortex is part of the neural substrates of consciousness is currently debated. Against prefrontal theories of consciousness, many have argued that neural activity in the prefrontal cortex does not correlate with consciousness but with subjective reports. We defend prefrontal theories of consciousness against this argument. We surmise that the requirement for reports is not a satisfying explanation of the difference in neural activity between conscious and unconscious trials, and that prefrontal theories of consciousness come out of this (...) debate unscathed. (shrink)

Local theories of consciousness state that one is conscious of a feature if it is adequately represented and processed in sensory brain areas, given some background conditions. We challenge the core prediction of local theories based on long-lasting postdictive effects demonstrating that features can be represented for hundreds of milliseconds in perceptual areas without being consciously perceived. Unlike previous empirical data aimed against local theories, localists cannot explain these effects away by conjecturing that subjects are phenomenally conscious of features that (...) they cannot report. We also discuss alternative explanations that localists could offer. (shrink)

I develop a theory of counterfactuals about relative computability, i.e. counterfactuals such as 'If the validity problem were algorithmically decidable, then the halting problem would also be algorithmically decidable,' which is true, and 'If the validity problem were algorithmically decidable, then arithmetical truth would also be algorithmically decidable,' which is false. These counterfactuals are counterpossibles, i.e. they have metaphysically impossible antecedents. They thus pose a challenge to the orthodoxy about counterfactuals, which would treat them as uniformly true. What’s more, I (...) argue that these counterpossibles don’t just appear in the periphery of relative computability theory but instead they play an ineliminable role in the development of the theory. Finally, I present and discuss a model theory for these counterfactuals that is a straightforward extension of the familiar comparative similarity models. (shrink)

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of radical (...) positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

Theodor Adorno is a widely-studied figure, but most often with regard to his work on cultural theory, philosophy and aesthetics. The Sociology of Theodor Adorno provides the first thorough English-language account of Adorno's sociological thinking. Matthias Benzer reads Adorno's sociology through six major themes: the problem of conceptualising capitalist society; empirical research; theoretical analysis; social critique; the sociological text; and the question of the non-social. Benzer explains the methodological and theoretical ideas informing Adorno's reflections on sociology and illustrates Adorno's (...) approach to examining social life, including astrology, sexual taboos and racial prejudice. Benzer clarifies Adorno's sociology in relation to his work in other disciplines and the inspiration his sociology took from social thinkers such as Marx, Weber, Durkheim, Kracauer and Benjamin. The book raises critical questions about the viability of Adorno's sociological mode of procedure and its potential contributions and challenges to current debates in social science. (shrink)

This volume commemorates the life, work, and foundational views of Kurt Gödel (1906-1978), most famous for his hallmark works on the completeness of first-order logic, the incompleteness of number theory, and the consistency - with the other widely accepted axioms of set theory - of the axiom of choice and of the generalized continuum hypothesis. It explores current research, advances, and ideas for future directions not only in the foundations of mathematics and logic, but also in the fields of computer (...) science, artificial intelligence, physics, cosmology, philosophy, theology, and the history of science. The discussion is supplemented by personal reflections from several scholars who knew Gödel personally, providing some interesting insights into his life. By putting his ideas and life's work into the context of current thinking and perceptions, this book will extend the impact of Gödel's fundamental work in mathematics, logic, philosophy, and other disciplines for future generations of researchers. (shrink)

In recent years, the postulation that deception is necessary for placebos to have an effect on pain relief or increased well-being has come into question. Latest studies have shown that an openly administered mock drug works just as well as a deceptively administered placebo on certain complaints. This open-label placebo effect has primarily been used in the area of pain treatment so far. This study is the first to examine the effect of such placebos on healthy individuals with the use (...) of drinking water. In two experiments, participants were required to use certain specified water bottles for their daily drinking water consumption. At the beginning of Experiment 1, all participants received one bottle of water, which they were asked to refill themselves each day during a 2-week intervention period. In Experiment 2, participants received a new sealed water bottle every day. In both experiments, participants were randomly assigned to one of four groups: no treatment, open-label placebo without rationale, open-label placebo with rationale, and open-label placebo with additional rationale in a suggested relaxed state. We conducted baseline and post-treatment measurements of the subjective perceived physical and mental well-being of the participants. In Experiment 1, only the OPR++ group reported enhanced vitality at the post-treatment level compared to the other groups. In Experiment 2, post-treatment measurements showed improvements for the OPR++ group in the Physical Performance Capability, Mental Performance Capability, Emotional Balance, Overall Recovery, Negative Emotional State, and Overall Stress categories compared to the other groups. Our results support the idea that placebos with an additional rationale in a suggestive relaxed state are more effective than with just a rationale in a normal state. Furthermore, our study shows the tendency that OLP++ in the form of water with health claims may be more effective when the water is given in several sealed bottles separately than in one sealed but refillable bottle. (shrink)

"Rechtsphilosophie zwischen Ost und West" ist das erste Buch, das systematisch das frA1/4he Werk des bedeutenden chinesischen Rechtsgelehrten, Richters, Diplomaten und Schriftstellers John C.H. Wu (1899-1986) behandelt. Die Arbeit setzt sich in chronologischer Reihenfolge kritisch mit den VerAffentlichungen Wus im Zeitraum von 1921 bis 1936 auseinander. Wu, spAter Verfechter einer dynamischen Naturrechtslehre, versucht, die mehr pragmatisch-funktionale Rechtsauffassung der fA1/4hrenden amerikanischen Rechtsgelehrten mit dem von Kant geprAgten Denken R. Stammlers zu einer inneren Begegnung zu bringen. Gleichzeitig ist die Thematik chinesischen Rechtsdenkens (...) und Philosophierens immer gegenwArtig. Die Arbeit legt ein besonderes Augenmerk auf den EinfluA von Wus kulturellem Hintergrund auf die Auseinandersetzung mit westlichem Denken und umgekehrt auf den EinfluA seiner westlichen Ausbildung auf seine Analyse der chinesischen Gedankenwelt. Das Buch will verstArkt auf diesen wichtigen Denker aufmerksam machen und den Grundstein fA1/4r eine wissenschafliche Auseinandersetzung mit ihm legen. Der Leser bekommt nicht nur einen interessanten Einblick in die zeitgeschichtlichen, rechtsphilosophischen Auseinandersetzungen, er bekommt auf einem wenig begangenen Weg Zugang zur chinesischen Kultur. (shrink)

Making good decisions in extremely complex and difficult processes and situations has always been both a key task as well as a challenge in the clinic and has led to a large amount of clinical, legal and ethical routines, protocols and reflections in order to guarantee fair, participatory and up-to-date pathways for clinical decision-making. Nevertheless, the complexity of processes and physical phenomena, time as well as economic constraints and not least further endeavours as well as achievements in medicine and healthcare (...) continuously raise the need to evaluate and to improve clinical decision-making. This article scrutinises if and how clinical decision-making processes are challenged by the rise of so-called artificial intelligence-driven decision support systems (AI-DSS). In a first step, this article analyses how the rise of AI-DSS will affect and transform the modes of interaction between different agents in the clinic. In a second step, we point out how these changing modes of interaction also imply shifts in the conditions of trustworthiness, epistemic challenges regarding transparency, the underlying normative concepts of agency and its embedding into concrete contexts of deployment and, finally, the consequences for (possible) ascriptions of responsibility. Third, we draw first conclusions for further steps regarding a ‘meaningful human control’ of clinical AI-DSS. (shrink)

A general class of labeled sequent calculi is investigated, and necessary and sufficient conditions are given for when such a calculus is sound and complete for a finite -valued logic if the labels are interpreted as sets of truth values. Furthermore, it is shown that any finite -valued logic can be given an axiomatization by such a labeled calculus using arbitrary "systems of signs," i.e., of sets of truth values, as labels. The number of labels needed is logarithmic in the (...) number of truth values, and it is shown that this bound is tight. (shrink)

To study consciousness, scientists need to determine when participants are conscious and when they are not. They do so with consciousness detection procedures. A recurring skeptical argument against those procedures is that they cannot be calibrated: there is no way to make sure that detection outcomes are accurate. In this article, I address two main skeptical arguments purporting to show that consciousness scientists cannot calibrate detection procedures. I conclude that there is nothing wrong with calibration in consciousness science.

This comprehensive volume gives a panorama of the best current work in this lively field, through twenty specially written essays by the leading figures in the field. All essays deal with foundational issues, from the nature of mathematical knowledge and mathematical existence to logical consequence, abstraction, and the notions of set and natural number. The contributors also represent and criticize a variety of prominent approaches to the philosophy of mathematics, including platonism, realism, nomalism, constructivism, and formalism.

We study the Vapnik–Chervonenkis density of definable families in certain stable first-order theories. In particular, we obtain uniform bounds on the VC density of definable families in finite $\mathrm {U}$-rank theories without the finite cover property, and we characterize those abelian groups for which there exist uniform bounds on the VC density of definable families.

Simulations are used in very different contexts and for very different purposes. An emerging development is the possibility of using simulations to obtain a more or less representative reproduction of organs or even entire persons. Such simulations are framed and discussed using the term ‘digital twin’. This paper unpacks and scrutinises the current use of such digital twins in medicine and the ideas embedded in this practice. First, the paper maps the different types of digital twins. A special focus is (...) put on the concrete challenges inherent in the interactions between persons and their digital twin. Second, the paper addresses the questions of how far a digital twin can represent a person and what the consequences of this may be. Against the background of these two analytical steps, the paper defines first conditions for digital twins to take on an ethically justifiable form of representation. (shrink)

Die Beiträge zur Altertumskunde enthalten Monographien, Sammelbände, Editionen, Übersetzungen und Kommentare zu Themen aus den Bereichen Klassische, Mittel- und Neulateinische Philologie, Alte Geschichte, Archäologie, Antike Philosophie sowie Nachwirken der Antike bis in die Neuzeit. Dadurch leistet die Reihe einen umfassenden Beitrag zur Erschließung klassischer Literatur und zur Forschung im gesamten Gebiet der Altertumswissenschaften.

Conditional structures lie at the heart of the sciences, humanities, and everyday reasoning. It is hence not surprising that conditional logics – logics specifically designed to account for natural language conditionals – are an active and interdisciplinary area. The present book gives a formal and a philosophical account of indicative and counterfactual conditionals in terms of Chellas-Segerberg semantics. For that purpose a range of topics are discussed such as Bennett’s arguments against truth value based semantics for indicative conditionals.

The core feature that distinguishes moods from emotions is that moods, in contrast to emotions, are diffuse and global. This article outlines a dispositional theory of moods (DTM) that accounts for this and other features of mood experience. DTM holds that moods are temporary dispositions to have or to generate particular kinds of emotion-relevant appraisals. Furthermore, DTM assumes that the cognitions and appraisals one is disposed to have in a given mood partly constitute the experience of mood. This article outlines (...) a number of implications of DTM (e.g., regarding the noncognitive causation and rationality of moods) and summarizes empirical results supporting the theory. (shrink)

We investigate interpolation properties of many-valued propositional logics related to continuous t-norms. In case of failure of interpolation, we characterize the minimal interpolating extensions of the languages. For finite-valued logics, we count the number of interpolating extensions by Fibonacci sequences.

Trust is one of the big buzzwords in debates about the shaping of society, democracy, and emerging technologies. For example, one prominent idea put forward by the High‐Level Expert Group on Artificial Intelligence appointed by the European Commission is that artificial intelligence should be trustworthy. In this essay, we explore the notion of trust and argue that both proponents and critics of trustworthy AI have flawed pictures of the nature of trust. We develop an approach to understanding trust in AI (...) that does not conceive of trust merely as an accelerator for societal acceptance of AI technologies. Instead, we argue, trust is granted through leaps of faith. For this reason, trust remains precarious, fragile, and resistant to promotion through formulaic approaches. We also highlight the significance of distrust in societal deliberation, as it is relevant to trust in various and intricate ways. Among the fruitful aspects of distrust is that it enables individuals to forgo technology if desired, to constrain its power, and to exercise meaningful human control. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 80-99, January 2022.

This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions.

Phänomenologie der Normativität ist der Versuch zu zeigen, wie Normativität in der menschlichen Natur gründet. Im Anschluss an die phänomenologische Anthropologie Max Schelers und Helmuth Plessners stellt der Autor die Strukturen menschlichen Lebens heraus, die alle menschlichen Lebensformen fundieren. Menschen sind Lebewesen, die einen Leib haben, und dieses Phänomen ist ursprünglicher als die Unterscheidung von Körper und Geist. Hält man sich dies vor Augen, werden bestimmte Formen menschlicher Normativität verständlich: Die menschliche Lebensweise ist auf ein Gleichgewicht verschiedener Formen des Miteinanders (...) angelegt, das nur möglich ist, weil es leiblich vermitteltes Ausdrucksverstehen gibt. Mitfühlen mit dem anderen und Liebe zu ihm fundiert das Erkennen, und was menschliche Würde ist, verstehen wir, weil wir wissen, wie die Integrität des Leibes geschützt, aber auch verletzt werden kann. (shrink)

A uniform construction for sequent calculi for finite-valued first-order logics with distribution quantifiers is exhibited. Completeness, cut-elimination and midsequent theorems are established. As an application, an analog of Herbrand’s theorem for the four-valued knowledge-representation logic of Belnap and Ginsberg is presented. It is indicated how this theorem can be used for reasoning about knowledge bases with incomplete and inconsistent information.