In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent as proposed in the European Data protection regulation will further weaken the (...) effectiveness of the consent mechanism. Building on Miller and Wertheimer’s ‘Fair Transaction’ model of consent we will examine alternatives to explicit consent. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

Various philosophers and evolutionary biologists have recently defended the thesis that species are individuals rather than sets. A decade of debates, however, did not suffice to settle the matter. Conceptual analysis shows that many of the key terms involved are ambiguous. Current disagreements should dissolve once this is recognized. Explication of the concepts involved leads to new programs for philosophical research. It could also help biology by showing how extant controversies concerning evolution may have conceptual rather than factual roots.

Slavoj Zizek ist einer der prominentesten linken Intellektuellen. Der Sammelband lädt ein, Zizeks Ideen kritisch zu diskutieren, insbesondere sein Verständnis von Politik, politischen Organisationen und dem (vergangenen, gegenwärtigen und zukünftigen) Staat.

Apparently factual disagreement on the level at which selection operates often results from different interpretations of the term “selection”. Attempts to resolve terminological problems must come to grips with a dilemma: a narrow interpretation of “selection” may lead to a restricted view on evolution; a broader, less precise, definition may wrongly suggest that “selection” is the centre of a unified, integrated theory of evolution. Different concepts of selection, therefore, should carefully be kept apart.

David Hitchcock and Bart Verheij (eds): Arguing on the Toulmin Model. New Essays in Argument Analysis and Evaluation Content Type Journal Article Pages 1-13 DOI 10.1007/s10503-011-9214-y Authors Lester C. van der Pluijm, University of Amsterdam, Amsterdam, The Netherlands Jacky C. Visser, University of Amsterdam, Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

This is an attempt at reviving Kneale's version of the description theory of names, which says that a proper name is synonymous with a definite description of the form ‘the individual named so-and-so’. To begin with, I adduce a wide range of observations to show that names and overt definites are alike in all relevant respects. I then turn to Kripke's main objection against Kneale's proposal, and endeavour to refute it. In the remainder of the paper I elaborate on Kneale's (...) analysis, adopting a theory of presupposition proposed by van der Sandt. (shrink)

ABSTRACTIn The Netherlands, the public funding of a number of health care services is controversial. What can we learn from this about the moral concerns that underlie these judgements? And, if there is anything to learn, can we use this improved understanding to scrutinise the adequacy of particular decisions concerning the public funding of health care services? In the present paper, I will analyse three cases: corrective surgey, In Vitro Fertilisation and liver transplantation. I will summarise the arguments that have (...) been used to support or to challenge the public funding of these services. I will then assess the merits of Daniels’fair equality of opportunity account of justice in health care. Can this account improve our understanding of the moral concerns underlying our judgements about the public funding of these services? Can it serve to scrutinise the adequacy of particular decisions that are made concerning the public funding of health care services? My answer to both questions will be a qualified yes. Daniels’account can provide guidance, but not because we can deductively infer from it what is right and what is wrong. Instead, I will argue for a more casuistic use of the concept of fair equality of opportunity. (shrink)

The concept of meaningful work is used to evaluate the quality of work. Typical cases of meaningless work that have been used to clarify this concept are assembly line work, and work involving other types of mindless tasks, but also David Graeber's ‘bullshit jobs’. I argue that there are at least two fundamental reasons to care about meaningful work: reasons from the wellbeing of the worker and reasons pertaining to meaningfulness of the worker's life. I first argue that a concept (...) of meaningful work needs to reflect these two values, but that these two values may come apart. Because of this, accounts that provide a single answer to the question to what extent a particular work context is meaningful work for a particular worker are unable to reflect these two values. I then survey three promising accounts of meaningful work: perfectionism, which captures the self-interested aspect of meaningful work well but fails to capture the meaningfulness aspect appropriately; consequentialism, which captures the meaningfulness aspect well but fails to capture the self-interested aspect; and Wolf's Fitting Fulfilment View of meaningful projects, which can be read as addressing both concerns but leads to implausible judgments about meaningful work. I then argue that we should conceive of the concerns that fall under the notion of meaningful work as two separate concepts and values. The best work incorporates both these dimensions but falling short on either dimension is problematic for different reasons. (shrink)

The concept of meaningful work is used to evaluate the quality of work. Typical cases of meaningless work that have been used to clarify this concept are assembly line work, and work involving other types of mindless tasks, but also David Graeber's ‘bullshit jobs’. I argue that there are at least two fundamental reasons to care about meaningful work: reasons from the wellbeing of the worker and reasons pertaining to meaningfulness of the worker's life. I first argue that a concept (...) of meaningful work needs to reflect these two values, but that these two values may come apart. Because of this, accounts that provide a single answer to the question to what extent a particular work context is meaningful work for a particular worker are unable to reflect these two values. I then survey three promising accounts of meaningful work: perfectionism, which captures the self-interested aspect of meaningful work well but fails to capture the meaningfulness aspect appropriately; consequentialism, which captures the meaningfulness aspect well but fails to capture the self-interested aspect; and Wolf's Fitting Fulfilment View of meaningful projects, which can be read as addressing both concerns but leads to implausible judgments about meaningful work. I then argue that we should conceive of the concerns that fall under the notion of meaningful work as two separate concepts and values. The best work incorporates both these dimensions but falling short on either dimension is problematic for different reasons. (shrink)

William Whewell’s 19th century philosophy of science is sometimes glossed over as a footnote to Kant. There is however a key feature of Whewell’s account worth noting. This is his appeal to Aristotle’s form/matter hylomorphism as a metaphor to explain how mind and world merge in successful scientific inquiry. Whewell’s hylomorphism suggests a middle way between rationalism and empiricism reminiscent of experience pragmatists like Steven Levine’s view that mind and world are entwined in experience. I argue however that Levine does (...) not adequately explain exactly how mind and world entwine. He could nonetheless do so if he appealed to Whewell’s hylomorphic metaphor. We may prefer a reductive metaphysical explanation, but I suggest that pragmatists only have recourse to metaphor in this case. Both reductive and metaphorical explanations can enjoy great explanatory power if they exhibit a suitable measure of what I will call sematic distance. Semantic distance measures how close or how far apart explanandum and explanans are from each other in meaning. Metaphorical explanation - as evident in Whewell’s hylomorphism and as detailed via the notion of semantic distance - presents a valuable new explanatory tool to those who hold that mind and world are entwined sans recourse to metaphysics. (shrink)

Inspired by Bas van Fraassen’s Stance Empiricism, Anjan Chakravartty has developed a pluralistic account of what he calls epistemic stances towards scientific ontology. In this paper, I examine whether Chakravartty’s stance pluralism can exclude epistemic stances that licence pseudo-scientific practices like those found in Scientology. I argue that it cannot. Chakravartty’s stance pluralism is therefore prone to a form of debilitating relativism. I consequently argue that we need (1) some ground or constraint in relation to which epistemic stances can be (...) ranked by degrees, and (2) some way to demarcate science from pseudo-science so that we know what epistemic stances are about. Regarding (1), I argue that empirical detectability can serve as the ground in relation to which epistemic stances are ranked by degrees. Regarding (2), I argue for ranking sciences on a continuum according to established institutional criteria, rather than attempting to draw a strict demarcation. (shrink)

I identify two versions of the scientific anti-realist’s selectionist explanation for the success of science: Bas van Fraassen’s original and K. Brad Wray’s newer interpretation. In Wray’s version, psycho-social factors internal to the scientific community – viz. scientists’ interests, goals, and preferences – explain the theory-selection practices that explain theory-success. I argue that, if Wray’s version were correct, then science should resemble art. In art, the artwork-selection practices that explain artwork-success appear faddish. They are prone to radical change over time. (...) Theory-selection practices that explain theory-success in science are however not faddish. They are mostly stable; that is, long-lived and consistent over time. This is because scientists (explicitly or implicitly) subscribe to what I will call the testability norm: scientific theories must make falsifiable claims about the external physical world. The testability norm and not psycho-sociology explains the theory-selection practices that explain theory-success in science. Contra Wray, scientific anti-realists can then maintain that the external physical world (as expressed in the testability norm) explains theory-success. (shrink)

This volume unites various contributions reflecting the intellectual interests exhibited by Professor Herman Parret (Institute of Philosophy, Leuven), who has continued to observe, and often critically assess, ongoing developments in pragmatics throughout his career. In fact, Parret's contributions to philosophical and empirical/linguistic pragmatics present substantive proposals in the epistemics of communication, while simultaneously offering meta-comments on the ideological premises of extant pragmatic analyses. In a lengthy introduction, an overview is provided of his achievements in promoting an integrated, "maximalist" pragmatics, as (...) well as of the links between his own work in philosophy of language and in semiotics and aesthetics. The remaining 12 essays address relevant pragmatic themes or look into the relation between pragmatics and neighboring disciplines. They deal with grammatical deixis (Brisard, Ikegami) and mood (van der Auwera & Schalley), performativity (Harnish, Holdcroft), speech-act types and their praxeological dimensions (Roulet, Van Overbeke), Wittgensteinian language games (Marques, Parisi), cultural and intercultural identities (Vandenabeele, Verschueren), and the visual arts (Wildgen). (shrink)

Several complexity theorists draw a sharp and ontologically robust distinction between (merely) complicated systems and (genuinely) complex systems. I argue that this distinction does not hold. Upon fine-grained analysis, ostensibly complicated systems turn out to be complex systems. The purported boundary between the complicated and the complex appears to be vague rather than sharp. Systems are complex by degrees.

Both the concept of a Darwinian tree of life (TOL) and the possibility of its accurate reconstruction have been much criticized. Criticisms mostly revolve around the extensive occurrence of lateral gene transfer (LGT), instances of uptake of complete organisms to become organelles (with the associated subsequent gene transfer to the nucleus), as well as the implications of more subtle aspects of the biological species concept. Here we argue that none of these criticisms are sufficient to abandon the valuable TOL concept (...) and the biological realities it captures. Especially important is the need to conceptually distinguish between organismal trees and gene trees, which necessitates incorporating insights of widely occurring LGT into modern evolutionary theory. We demonstrate that all criticisms, while based on important new findings, do not invalidate the TOL. After considering the implications of these new insights, we find that the contours of evolution are best represented by a TOL. (shrink)

Paul Cilliers has developed a novel post-structural approach to complexity that has influenced several writers contributing to the current complexity literature. Concomitantly however, Cilliers advocates for modelling complex systems using connectionist neural networks (rather than analytic, rule-based models). In this paper, I argue that it is dilemmic to simultaneously hold these two positions. Cilliers’ post-structural interpretation of complexity states that models of complex systems are always contextual and provisional; there is no exclusive model of complex systems. This sentiment however appears (...) at odds with Cilliers’ promotion of connectionist neural networks as the best way to model complex systems. The lesson is that those who currently follow Cilliers’ post-structural approach to complexity cannot also develop a preferred model of complex systems, and those who currently advocate for some preferred model of complex systems cannot adopt the post-structural approach to complexity without giving up the purported objectivity and/or superiority of their preferred model. (shrink)

Some alethic pluralists maintain that there are two kinds of truths operant in our alethic discourse: a realist kind and an anti-realist kind. In this paper, we argue that such a binary conception cannot accommodate certain social truths, specifically truths about race. Most alethic pluralists surprisingly overlook the status of racial truths. Douglas Edwards is, however, an exception. In his version of alethic pluralism—Determination Pluralism—racial truths are superassertible (anti-realist) true rather than correspondence (realist) true. We argue that racial truths exhibit (...) features of both superassertibility (anti-realism) and correspondence (realism). This suggests a fuzzy boundary between realist and anti-realist kinds of truth. There may be a continuum rather than a dichotomy of truths. We conclude by sketching one way for alethic pluralists to accommodate such a notion. (shrink)

We can understand and act upon the beliefs of other people, even when these conflict with our own beliefs. Children’s development of this ability, known as Theory of Mind, typically happens around age 4. Research using a looking-time paradigm, however, established that toddlers at the age of 15 months old pass a non-verbal false-belief task (Onishi and Baillargeon in Science 308:255–258, 2005). This is well before the age at which children pass any of the verbal false-belief tasks. In this study (...) we present a more complex case of false-belief reasoning with older children. We tested second-order reasoning, probing children’s ability to handle the belief of one person about the belief of another person. We find just the opposite: 7-year-olds pass a verbal false-belief reasoning task, but fail on an equally complex low-verbal task. This finding suggests that language supports explicit reasoning about beliefs, perhaps by facilitating the cognitive system to keep track of beliefs attributed by people to other people. (shrink)

The epistemologists Biro and Siegel have raised two objections against the pragma-dialectical approach to argumentation. According to the first objection the pragma-dialectical theory is not genuinely normative. According to the second objection the rejection of justificationism by pragma-dialecticians is unwarranted: they reject justificationism prematurely and they are not consistent in accepting some arguments (‘justifications’) as sound. The first objection is based on what we regard as the misconception that the goal of resolving differences of opinion cannot provide a normative approach. (...) In response to the second objection we argue that in pragma-dialectics, the notion of argument, and related notions, are defined in a non-justificatory manner. (shrink)

The domain of a quantifier is determined by a variety of factors, which broadly speaking fall into two types. On the one hand, the context of utterance plays a role: if the focus of attention is on a particular collection of kangaroos, for example, then “Q kangaroos” is likely to range over the individuals in that set. On the other hand, the utterance itself will help to establish the quantificational domain, inter alia through presuppositions triggered within the sentence. In this (...) paper, we concentrate our attention on constructions like the following, in which “the square to which... ” is the critical presupposition trigger: Q circles... Q of these circles... Q of these five circles...... have the same colour as the square to which they are connected. Many theories predict that all instances of these schemata will give rise to the presupposition that every circle is connected to a square. We present an analysis which predicts that these sentences should generally be accepted in a context in which not all the circles are connected to a square, with one exception only: if a quantified sentence is of type and Q is non-intersective, then the sentence should be more likely to be rejected. Furthermore, we predict that manipulating the context so as to make the connected circles more or less salient should have an effect on statements with non-intersective quantifiers only. These predictions were tested in a series of experiments. (shrink)

Prima facie, we make successful decisions as we act on and intervene in the world day-to-day. Epistemologists are often concerned with whether rationality is involved in such decision-making practices, and, if so, to what degree. Some, particularly in the post-structuralist tradition, argue that successful decision-making occurs via an existential leap into the unknown rather than via any determinant or criterion such as rationality. I call this view radical voluntarism (RV). Proponents of RV include those who subscribe to a view they (...) call Critical Complexity (CC). In this paper, I argue that CC presents a false dichotomy when it conceives of rationality in Cartesian – i.e. ideal and transcendental – terms, and then concludes that RV is the proper alternative. I then outline a pragmatist rationality informed by recent work in psychology on bounded rationality, ecological rationality, and specifically embodied rationality. Such a pragmatist rationality seems to be compatible with the tenets of post-structuralism, and can therefore replace RV in CC. (shrink)

Harry van der Linden's contribution to The Cambridge Dictionary of Philosophy. Cambridge: Cambridge University Press.

This study aims to increase insight into the uses of experts’ references to physically absent technology users in government-funded plant science. A discursive psychological analysis of expert board meetings shows that experts invoke various forms of reported dialogue/thoughts and dispositional statements when problems with technology and with program funding are discussed. Forms of reported dialogue serve to demonstrate that experts engage in dialogue with users, understand and are reasonable about users’ concerns, and that the content of user concerns does not (...) agree with expert views. Dispositional statements allow users’ feelings rather than users’ knowledge to be acknowledged as relevant. By establishing that user concerns contrast with expert concerns in type and content and by not discussing how users’ feelings may be incorporated into technology, experts shelve user concerns. This practice may hinder the development of user-friendly technologies. (shrink)

Douglas Edwards is arguably the most prominent contemporary advocate of moderate alethic pluralism. Significantly influenced by Crispin Wright and Michael Lynch, his work on the nature of truth has become widely discussed in the topical literature. Edwards labels his version of moderate alethic pluralism determination pluralism. At first blush, determination pluralism appears philosophically promising. The position deserves thoughtful consideration, particularly because of its capacity to accommodate the scope problem. I argue, however, that upon analysis the view is better understood as (...) a form of metaphysical dualism or what I will call meta-dualism. Furthermore, determination pluralists face a dilemma; there appears to be an instability at the core of their dualistic model. On the one horn of the dilemma, they need a clear metaphysical demarcation at the interface of their two necessary domains. On the other horn, they seem to need to a metaphysically vague boundary at the interface of their two necessary domains. Determination pluralism needs substantial revision. (shrink)

This volume comprises a selection of contributions to the theorizing about argumentation that have been presented at the 9th conference of the International Society for the Study of Argumentation, held in Amsterdam in July 2018. The chapters included provide a general theoretical perspective on central topics in argumentation theory, such as argument schemes and the fallacies. Some contributions concentrate on the treatment of the concept of conductive argument. Other contributions are dedicated to specific issues such as the justification of questions, (...) the occurrence of mining relations, the role of exclamatives, argumentative abduction, eudaimonistic argumentation and a typology of logical ways to counter an argument. In a number of cases the theoretical problems addressed are related to a specific type of context, such as the burden of proof in philosophical argumentation, the charge of committing a genetic fallacy in strategic manoeuvring in philosophy, the necessity of community argument, and connection adequacy for arguments with institutional warrants. The volume offers a great deal of diversity in its breadth of coverage of argumentation theory and wide geographic representation from North and South America to Europe and China. (shrink)

In current philosophical research, there is a rather one-sided focus on the foundations of proof. A full picture of mathematical practice should however additionally involve considerations about various methodological aspects. A number of these is identified, from large-scale to small-scale ones. After that, naturalism, a philosophical school concerned with scientific practice, is looked at, as far as the translations of its epistemic principles to mathematics is concerned. Finally, we call for intensifying the interaction between both dimensions of practice and epistemology.

Responding to Open Philosophy’s call ‘Does public art have to be bad art?’, in this paper we argue that this discussion should pay attention to the consequences of structural transformations that guide the production and presentation of public art in today’s increasingly private city. While entrepreneurial governance and corporate branding strategies generate new opportunities, they might also result in increased risk averseness and control over the content of public art, thus putting its critical potential at risk. That observation ushers in (...) urgent questions about control, complicity and criticality. We aim to reflect on those questions through two public art projects in Hong Kong: Antony Gormley’s Event Horizon (2015) and Our 60-second friendship begins now (2016) by Sampson Wong Yu-hin and Jason Lam Chi-fai. After drawing conclusions on the justification of public funding for co-productions, the legitimacy for artists to sometimes not ‘follow the rules’, and the problematic nature of a narrow definition of professionalism as a means to discredit artists, our analysis underlines the urgent need to develop a framework that can guide discussions on the consequences of control and complicity for the critical potential of public art. (shrink)

In current philosophical research, there is a rather one-sided focus on the foundations of proof. A full picture of mathematical practice should however additionally involve considerations about various methodological aspects. A number of these is identified, from large-scale to small-scale ones. After that, naturalism, a philosophical school concerned with scientific practice, is looked at, as far as the translations of its epistemic principles to mathematics is concerned. Finally, we call for intensifying the interaction between both dimensions of practice and epistemology.

Compassion unites people during times of suffering and distress. Unfortunately, compassion cannot take away suffering. Why then, is compassion important for people who suffer? Nurses work in a domain where human suffering is evidently present. In order to give meaning to compassion in the domain of professional care, it is necessary to describe what compassion is. The purpose of this paper is to explore questions and contradictions in the debate on compassion related to nursing care. The paper reviews classical philosophers (...) as well as contemporary scientists' main arguments on compassion. First, I will examine the relationship between compassion and suffering. Second, how does one recognize serious suffering? This issue raises questions about the role of imagination and the need for identification. Third, literature describes compassion as an emotion. Some philosophers consider emotions uncontrollable feelings; others see a clear rational dimension in emotions. In order to determine what compassion is, it is necessary to weigh these contradictional arguments. Fourth, I will discuss motives for compassion. Is compassion an act of altruism or egoism? In this debate Nietzsche and Schopenhauer are well‐known opponents. Today, analysis of their arguments leads to some surprising conclusions. Fifth, there is the issue of fault and compassion. Can we only feel compassionate when people who suffer are not to blame for their own suffering? Such a condition faces professional caretakers with a dilemma which needs a thorough analysis if compassion is to be of use in the field of professional care. Finally, I will explore the moral meaning of compassion. Compassion, described as a concept with cognitive as well as affective dimensions, also has volitional and behavioural aspects. These aspects specifically are of importance to nursing care and further research of compassion in the nursing domain. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

The study of argumentation is prospering. After its brilliant start in Antiquity, highlighted in the classical works of Aristotle, after an alternation of ups and downs during the following millennia, in the post-Renaissance period its gradual decline set in. Revitalization took place only after Toulmin and Perelman published in the same year their landmark works The Uses of Argument and La nouvelle rhétorique. The model of argumentation presented by Toulmin and Perelman’s inventory of argumentation techniques inspired a great many scholars (...) in various ways to take up the study of argumentation in a serious manner. Nowadays there are well-established logical approaches to argumentation, but also social and socio-psychological, linguistic, juridical and other approaches. In most of these approaches traces can be found of the influence of the classical and neo-classical argumentation theories just mentioned. (shrink)