The conception of a modular structure of mind, which postulates that the mind is composed of more or less autonomous subsystems, is widespread in contemporary psychology. Proponents of a modular structure of the mind, such as Marshall (1980; 1984; 1985), Fodor (1983), Gardner (1983), and Shallice (1988), have linked their work to F. J. Gall's theory of organology or of the “functions of the brain”. This paper argues: (1) Gall's organology defends a view of the capacities of the mind that (...) relies on a specific relation between the organism and its organs. The organs of Gall stem from and originate “needs” so that they embody not so much processing capacities, but perception-for-action cycles. (2) Modules and organs arise at different levels of description that cannot be easily matched. (3) It is just this central distinction between organs and modules which explains the inherent relation between organology, comparative biology and differential psychology on the one hand and modularity and cognitive science on the other. (shrink)
Who Needs Stories if You Can Get the Data? ISPs in the Era of Big Number Crunching Content Type Journal Article Category Special Issue Pages 371-390 DOI 10.1007/s13347-011-0041-8 Authors Mireille Hildebrandt, Institute of Computer and Information Sciences (ICIS), Radboud University Nijmegen, Nijmegen, the Netherlands Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.
This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)
In this contribution I address the type of emergency that threatens a stateâs monopoly of violence, meaning that the stateâs competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...) cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Secondâif criminal jurisdiction is not in contradiction with the state of emergencyâthe issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state. (shrink)
Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)
In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)
This article reports a study comparing the effects of a single dose of alcohol with a matched placebo drink on recognition memory with and without conscious recollection. A double-blind, cross-over design was used with healthy volunteers who were all social drinkers. Processing depth at study was manipulated using generate versus read instructions. Conscious recollection at test was assessed using the remember-know-guess paradigm (Gardiner, 1988; Tulving, 1985). Alcohol significantly reduced conscious recollection (remember responses) but had no effect on recognition in the (...) absence of conscious recollection (know responses). False alarms rates were low and unaffected by alcohol. Previous findings that generation effects are found only for remember responses were closely replicated. A further dissociation of the generation effect occurred between treatments in that deeper processing at study facilitated recognition on placebo but not on alcohol. That both alcohol and depth of processing produce dissociative effects on recollective experience provides further evidence that remembering and knowing reflect distinct memory systems. (shrink)
In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a personâs inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)
This book examines the modern Arab rediscovery of the Mu tazila through a critical assessment of the concept of Neo-Mu tazilism" and by concentrating on the various intentions and contexts of the use of Mu tazilite ideas.The main part of ...
A latent variable study examined whether different classes of working-memory tasks measure the same general construct of working-memory capacity (WMC). Data from 270 subjects were used to examine the relationship between Binding, Updating, Recall-N-back, and Complex Span tasks, and the relations of WMC with secondary memory measures, indicators of cognitive control from two response-conflict paradigms (Simon task and Eriksen flanker task), and fluid intelligence. Confirmatory factor analyses support the concept of a general WMC factor. Results from structural-equation modeling show negligible (...) relations of WMC with response-conflict resolution, and very strong relations of WMC with secondary memory and fluid intelligence. The findings support the hypothesis that individual differences in WMC reflect the ability to build, maintain and update arbitrary bindings. (shrink)
Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)
Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...) of Things’. Such intelligent networked environments will entirely depend on real time monitoring and real time profiling, resulting in real time adaptation of the environment. In this contribution the author will assess the threats and opportunities of such autonomic profiling in terms of its impact on individual autonomy and refined discrimination and indicate the extent to which traditional data protection is effective as regards profiling. (shrink)
A form of logic called relational and contextual reasoning is put forward as an improvement over other, more familiar types of logic. Developmental ideas are used to show how maturity ordinarily leads people away from binary (true/false) logic to systems of reasoning that are more subtle and better suited to making decisions in the face of ambiguity.
Few will dispute that the sciences were of special importance to Nietzsche. The natural and human sciences had a significant influence on his thought from the very beginning, and his writings probe and engage with them, exploring their interrelations as well as their place in an adequate broader view of our existence. By contrast, it is less clear whether Nietzsche had, or thought that we could have, something that amounts to a philosophy of science. To the extent that he did, (...) we must ask what its content and value may be. This involves asking whether his thought can help to explain what natural science is, what it can and cannot do, and how it relates to other areas of enquiry. Similarly, we must ask how it can .. (shrink)