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)

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.

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)

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.

Розкрито сутність поняття «рейтинг». Доведено значущість рейтингової оцінки для суб’єктів фінансового ринку, зокрема для страхових компаній, потенційних страхувальників, інвесторів та кредиторів.

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.

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

Das Lehrbuch, das neuartige Zugänge bietet, die sowohl die Politikgestaltung beeinflussen, als auch der Politikwissenschaft ein komplexes kritisch-rationales Handlungs- und Orientierungswissen bereitstellen. Das Werk eignet sich sowohl für das Selbststudium als auch für den akademischen Unterricht.

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)

The use and development of technic always presuposes- as every human interaction does- at least implicitely as set of leading concepts conceming the essense and destiny of human life and the good order of society. This study analyses and explains out of a christian perspective the concepts of technic, technical damages, technical risks, developes principals for the treatment of such risks and finally tries to evaluate the nuclear energy technic.

There is a nationwide resurgence of tuberculosis in the country’s urban centers; New York City stands at the forefront of this resurgence. The root causes are increased homelessness, drug addiction and poverty, all symbols of deteriorating social and economic conditions in the city. The inadequate level of public health resources devoted to TB has also contributed to its spread. Still, even with these factors, it is questionable whether the escalating number of TB cases in this country would have occurred without (...) the reservoir of immunosuppressed persons, who are less resistant to the disease, created by the AIDS epidemic. The fear and urgency of this public health crisis, which has been emerging since the beginning of the last decade, are fueled by the rise of TB strains resistant to the first-line drugs and by the disease’s contagiousness. (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 systematic development of the concept of justice occurs on the basis of human rights. First, this human rights basis is examined in terms of theories of conflict and cooperation. Furthermore, it is investigated whether wisdom suffices as the basis of human rights or whether moral norms are necessary. With the distinguishing of human rights into negative, active and positive rights, distinctions result with respect to the concept of justice, leading to the concepts of a state under the rule of (...) law, democracy and the welfare state, and explaining the concept of socialjustice through exchange, participation, distribution, and procedural faimess. Overcoming the tension between formal rights of freedom and social rights, reference is made to the principles of subsidiarity and democracy. Finally, issues arising with respect to the theory of justice are considered in relation to the problern of globalisation. (shrink)

There is a nationwide resurgence of tuberculosis in the country’s urban centers; New York City stands at the forefront of this resurgence. The root causes are increased homelessness, drug addiction and poverty, all symbols of deteriorating social and economic conditions in the city. The inadequate level of public health resources devoted to TB has also contributed to its spread. Still, even with these factors, it is questionable whether the escalating number of TB cases in this country would have occurred without (...) the reservoir of immunosuppressed persons, who are less resistant to the disease, created by the AIDS epidemic. The fear and urgency of this public health crisis, which has been emerging since the beginning of the last decade, are fueled by the rise of TB strains resistant to the first-line drugs and by the disease’s contagiousness. (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.

The term “translation” has three meanings: the practice of the translator, the textual outcome of this practice, and the relationship it creates between texts and languages. In this article, I would like to draw attention to this third aspect, translation as a relation. To do so, I will first propose a historical overview of the first two meanings, as well as of the normative or descriptive aims associated to them. Secondly, I identify three motives for thinking about translation that are (...) primarily concerned with its relational dimension: the lack of a language to speak about the relationship between languages, i.e. about what’s incomparable and what gets subtracted. I conclude this article with the hypothesis that translation as a relation constitutes a refuge event for the plurality of languages. (shrink)