I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined (...) with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making. (shrink)

This book offers an examination of the political dimensions of a number of Jean-Luc Godard’s films from the 1960s to the present. The author seeks to dispel the myth that Godard’s work abandoned political questions after the 1970s and was limited to merely formal ones. The book includes a discussion of militant filmmaking and Godard’s little-known films from the Dziga Vertov Group period, which were made in collaboration with Jean-Pierre Gorin. The chapters present a thorough account of Godard’s investigations on (...) the issue of aesthetic-political representation, including his controversial juxtaposition of the Shoah and the Nakba. Emmelhainz argues that the French director’s oeuvre highlights contradictions between aesthetics and politics in a quest for a dialectical image. By positing all of Godard’s work as experiments in dialectical materialist filmmaking, from Le Petit soldat to Adieu au langage, the author brings attention to Godard’s ongoing inquiry on the role filmmakers can have in progressive political engagement. (shrink)

Die Rede ist von einer merkwürdigen Variante deutscher Italiensehnsucht: Dem Wunsch, in Rom begraben zu werden, der im Fall Wilhelm von Humboldts mit einem konkreten Glücksgefühl korreliert. Das ist schon deshalb bemerkenswert, weil Humboldts römischer Aufenthalt vom Sterben dreier seiner Kinder und seines Freundes Schiller überschattet wurde. Die Frage nach dem Niederschlag, den die Auseinandersetzung mit dem Tod in Humboldts Texten fand, rekonstruiert die vorliegende Untersuchung als Form einer Werkpolitik, die es unternimmt, den eigenen Nachruhm in verschiedenen Diskursen zu steuern. (...) Humboldts Terminologie, die den christlich besetzten Begriff,Unsterblichkeit? durch den Begriff,Unendlichkeit? ersetzt, wird in sechs privilegierten Lektüren nachgegangen. (shrink)

Rage in the ‘Nibelungenlied’ is a positive, aboriginal energy. The more easily the hero can access this energetic source, the more powerful he becomes. Marshal charisma is essentially associated with the primary emotion of rage – a fact supremely exemplified by Siegfried. However, charismatic army commanders are quite different from political leaders. The position of the ruler is characterized by a high degree of self-control. Yet the disciplined king depends on his warriors, since the buttressing of his own cognitive distance (...) is accompanied by a weakening of his physical power. Representatives of this position are Gunther in the first part, and in the second, Etzel and his vassal Dietrich. Suspense in the ‘Nibelungenlied’ is thus built around the ambivalent qualities associated with anger. As a basic affect, anger's power stems from the sheer power of life itself; it helps those who admire the hero to identify with him and even feel a sense of delight in doing so. But whilst wrathful devotion is largely celebrated, it emerges elsewhere as the ugly face of general social impotence. The ecstasy of battle, which suggests narcissistic invulnerability, leads to deeply felt mourning amongst the survivors. Thus in the ‘Nibelungenlied’, anger is celebrated and unmasked simultaneously and in equal measure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Studies in Plato's Two-Level ModelIan MuellerHolger Thesleff. Studies in Plato's Two-Level Model. Helsinki: Societas Scientarum Fennica, 1999. Pp. vi + 143. N. P.After some 30 years of incisive intervention in Platonic scholarship, Holger Thesleff here offers us "an attempt to elaborate and ground more firmly some basic theses which I have propounded in various contexts before," (1) a rather modest description of what he also describes as an (...) attempt to contribute toward "a more general agreement on how to read and interpret Plato" (5). The richness of this book makes it impossible to describe in any detail, and I shall content myself with indicating some of what I take to be its principal points of view.Thesleff"s concern for agreement arises from his perception of the vastly discrepant schools of Plato interpretation, of which the most important for him might be labeled esotericist, analytic, and "literary." The last, which can hardly be called a school at all, includes a variety of scholars who downplay "literal" interpretation and emphasize such things as "dramatic artistry, the structure of the dialogues, the characterization of settings and persons, shifts of style, allusions, play, and irony" (3). Thesleff's sympathies clearly lie with these people, perhaps to an extent which, as I shall suggest, will limit the effectiveness of his attempt to move toward a consensus.As the title indicates Thesleff builds his reading around what he calls Plato's two-level model. This two-level model is not, as one might suppose, what has been called Plato's two worlds view, the belief in a world of pure being beyond the perceived world we inhabit. Indeed, it is not a doctrine or set of doctrines at all. Rather "it is an intuitive 'vision' which offers only crude basic patterns and frames for the structures of Plato's thinking, feelings, intuitions, and intentions, from his youth to his old age, and for our understanding of them" (123). Clearly one cannot expect a full and precise articulation of this vision. Thesleff proceeds by discussing in terms of their role in the earlier dialogues ten hierarchic pairs which form part of Plato's vision: divine/human, soul/body, leading/being led (particularly important in the conduct of a Socratic discussion), truth/appearance, knowledge/opinion, intellect/senses, defined/undefined, stability/change, one/many, same/different. These hierarchic or asymmetric pairs are contrasted by Thesleff with what he calls polar opposites like large/small and light/dark. He also stresses that the hierarchic pairs of Plato's two-level model involve no separation (chorismos), but rather a communion (koinônia).As the words "from his youth to his old age" in the quotation of the previous paragraph indicate, Thesleff is a "unitarian" in his approach to Plato. His Plato is not a philosopher whose positions changed through time as a result of reasoned argument. What many scholars take to be doctrines later given up, e.g., the view that learning is being reminded (anamnêsis), are "thought experiments," which are not followed up, thought experiments made within the context of the unchanging two-level vision.Although Thesleff is a unitarian in the sense I have indicated, he does believe that a kind of order of composition can be constructed for the dialogues. I say "kind of" because Thesleff's chronology involves assumptions of revisions over time, multiple authorship, and even dialogues "written down" by people other than Plato. The resulting chronology is complex, and I here only indicate it in rough form in a way which [End Page 272] brings out what I take to be its major points. Leaving out of account those Socratic" dialogues which Thesleff takes to be latish and the posthumously completed Laws, we can say that a series of late dialogues starts with the Parmenides and includes the Timaeus, Critias, Sophist, Politicus, and Philebus. All other dialogues, including the Theaetetus, were written prior to the Parmenides with the exception of the Republic, which Thesleff proposes is in its ultimate shape a late work, representing "only and purely Plato's 'own' and personal philosophy" (115). As for the other late dialogues, which have played an important... (shrink)

Focusing on the problem of the Prime Matter in the Philoponus' Contra Proclum (Book XI), this study offers the first translation, in French, extensively annoted and commented in the context of the 'quaestio disputata' of the Neoplatonic ...

ArgumentIn 1877, a young mathematician named Joseph Boussinesq presented amémoireto theAcadémiedes sciences which demonstrated that some differential equations may have more than one solution. Boussinesq linked this fact to indeterminism and to a possible solution to the free will versus determinism debate. Boussinesq's main interest was to reconcile his philosophical and religious views with science by showing that matter and motion do not suffice to explain all there is in the world. His argument received mixed criticism that addressed both his (...) philosophical views and the scientific content of his work, pointing to the physical “realisticness” of multiple solutions. While Boussinesq proved to be able to face the philosophical criticism, the scientific objections became a serious problem, thus slowly moving the focus of the debate from the philosophical plane to the scientific one. This change of perspective implied a wide discussion on topics such as instability, the sensitivity to initial conditions, and the conservation of energy. The Boussinesq debate is an example of a philosophically motivated debate that transforms into a scientific one, an example of the influence of philosophy on the development of science. (shrink)

Das neue Buch des bereits mit zahlreichen Arbeiten besonders zum Vierten Kreuzzug hervorgetretenen Autors setzt sich aus drei unterschiedlichen, wenn auch eng miteinander verwobenen Teilen zusammen: einer Untersuchung zur Familie und zur Biographie des Dogen Enrico Dandolo, einer Darstellung von Politik und Verfassungsgeschichte Venedigs im 12. Jahrhundert und einer Geschichte des Vierten Kreuzzugs. Die Erzähl- und Argumentationsstränge der drei Teile sind vielfach miteinander verschränkt und verfolgen gemeinsam ein viertes Ziel: anschaulich zu machen, daß die politischen und verfassungsrechtlichen Entwicklungen des 12. (...) Jahrhunderts, besonders aber die mit der Person des Enrico Dandolo eng verbundenen Geschehnisse des Vierten Kreuzzugs die Stadt Venedig fundamental veränderten und sie von einer Kaufmannsrepublik (merchant republic) zu einer Seemacht (maritime empire) werden ließen. (shrink)

In this paper I argue for the "incompleteness thesis" of Kant's General Metaphysics before completing a full analysis of the power of judgment which only occurred in the Critique of Judgment-Power. Kant scholars have argued that Kant's General Metaphysics was completed with the Critique of Pure Reason and the Third Critique added nothing significant to this quest. One of the issues in this paper is to understand Kant's various "transition problems" and their solution to unify knowledge under a metaphysics, all (...) of which has implications for the natural and cognitive sciences even today. (shrink)

The development of artificial intelligence (AI) in medicine raises fundamental ethical issues. As one example, AI systems in the field of mental health successfully detect signs of mental disorders, such as depression, by using data from social media. These AI depression detectors (AIDDs) identify users who are at risk of depression prior to any contact with the healthcare system. The article focuses on the ethical implications of AIDDs regarding affected users’ health-related autonomy. Firstly, it presents the (ethical) discussion of AI (...) in medicine and, specifically, in mental health. Secondly, two models of AIDDs using social media data and different usage scenarios are introduced. Thirdly, the concept of patient autonomy, according to Beauchamp and Childress, is critically discussed. Since this concept does not encompass the specific challenges linked with the digital context of AIDDs in social media sufficiently, the current analysis suggests, finally, an extended concept of health-related digital autonomy. (shrink)

In this paper, I aim to reconsider MacIntyre’s notion of an educated public. In particular, I aim to do so in light of his recent elucidation of the role of philosophical education in rejecting, or at least challenging, predominant and shared cultural assumptions. I begin by outlining MacIntyre’s original case for an educated public as found in The Idea of an Educated Public. I then briefly consider and respond to three prominent criticisms of MacIntyre’s original explication of the notion. In (...) responding to these criticisms, it will be made clear that subtle shifts in MacIntyre’s subsequent treatments of the notion reduces the dependency of such a public’s existence on the university. I conclude by arguing that the development in MacIntyre’s articulation of the necessary conditions for an educated public when considered in conjunction with his recent defence of the conditions for an ‘adequate philosophical education’ provides his philosophy of education with the conceptual resources needed to break free of a final difficulty which MacIntyre himself has articulated. Specifically, I contend that the four stages of an adequate philosophical education MacIntyre outlines are such that they need not be restricted to implementation in formal educational institutions such as the university. (shrink)

What is the cash value of Richard Rorty’s philosophy and politics of religion? This paper analyzes the political promise of Rorty’s shift from atheism to anticlericalism in the last decade of his life. It seeks to deliver primarily a concise summary of this shift, and of its transformative motivation. Then a critique of this shift is followed by the suggestion of a friendly amendment: its extension towards a pragmatic pluralism. The outlined Rortyan conception of a serene, and, at the same (...) time robust, politics of religion is proposed as a promising answer to the question of how secular liberal citizens should react to the “return of the gods.”. (shrink)

State governments provide preprinted advance directive forms to the general public. However, many adults in the United States (US) lack the skills necessary to read and comprehend health care-related materials. In this study, we sought to determine the readability of state government-sponsored advance directive forms.

Despite its enduring insights, Durkheim’s theory of suicide fails to account for a significant set of cases because of its overreliance on structural forces to the detriment of other possible factors. In this paper, we develop a new theoretical framework for thinking about the role of culture in vulnerability to suicide. We argue that by focusing on the cultural dynamics of excessive regulation, particularly at the meso level, a more robust sociological model for suicide could be offered that supplements structure-heavy (...) Durkheimian theory. In essence, we argue that the relevance of cultural regulation to suicide rests on the (1) degree to which culture is coherent in sociocultural places, (2) existence of directives related to prescribing or proscribing suicide, (3) degree to which these directives translate into internalized meanings affecting social psychological processes, and (4) degree to which the social space is bounded. We then illustrate how our new theory provides useful insights into three cases of suicide largely neglected within sociology: specifically, suicide clusters in high schools, suicide in the military, and suicides of “despair” among middle-aged white men. We conclude with implications for future sociological research on suicide and suicide prevention. (shrink)

This paper contributes to the (re-)conceptualisation of responsible innovation by proposing an evolutionary economic approach that focuses on the role of consumers in the innovation process. After a discussion of the philosophical foundations and ethical implications of this approach, which bears an explanatory potential that has not been adequately considered in previous discussions of responsible innovation, we present a first step towards capturing the important but often neglected role of consumers in innovation processes (including responsible innovation): We propose an agent-based (...) model that incorporates a multidimensional space of characteristics in which new products or services are represented by more than the mere aspect of price and quality. Instead, innovations are denoted by a large set of characteristics, including also negative or harmful ones. The model is used to illustrate that consumers’ heterogeneity and bounded rationality – even if considered in a simple manner – indeed play a crucial role in the creation and diffusion of responsible innovation which can and should be used for further work in this field and for possible extensions of the model. (shrink)