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)
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)
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 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 ...
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)
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.
This book is about Relational and Contextual Reasoning (RCR), a new theory of the human mind that addresses key areas of human conflict, such as the ideological conflict between nations, in close relationships and between science and religion. K. Helmut Reich provides a clear and accessible introduction to the RCR way of thinking that encourages an inclusive rather than oppositional approach to conflict and problem-solving.
In 1764, Kant published his Observations on the Feeling of the Beautiful and the Sublime and in 1790 his influential third Critique , the Critique of the Power of Judgment . The latter contains two parts, the 'Critique of the Aesthetic Power of Judgment' and the 'Critique of the Teleological Power of Judgment'. They reveal a new principle, namely the a priori principle of purposiveness ( Zweckmäßigkeit ) of our power of judgment, and thereby offer new a priori grounds for (...) beauty and biology within the framework of Kant's transcendental philosophy. They also unite the previous two Critiques , the Critique of Pure Reason and the Critique of Practical Reason . Besides contributing to general and systematic aspects within his transcendental philosophy, Kant's aesthetics also offers new insights into old problems. It deals with feeling versus experience, subjectivity versus objectivity, disinterested pleasure, aesthetic universality, free and adherent beauty, the sensus communis , genius, aesthetic ideas, beauty as the symbol of morality, beauty of nature versus beauty of art, the sublime, and the supersensible. In this article I will limit myself to this critical aesthetics of Kant. But I will also discuss the ugly and the possibility of beauty in mathematics and see whether Kant's theory can successfully explain or deal with them. I will also compare his theory with philosophical ideas from a very different tradition, namely from Confucius, not only as a challenge to Kant's theory, but also because there is a growing interest from the Chinese side in combining ideas from Confucius and Kant, an interest that might well become influential in both East and West during the 21st century. (shrink)
Das Aussprechen eines Wortes ist gleichsam ein Anschlagen einer Taste auf dem Vorstellungsklavier. (Uttering a word is like striking a note on the keyboard of the imagination.) (PU §6)Polonius: What do you read, my lord?Hamlet: Words, words, words!(Hamlet, act 2, scene 2)Wittgenstein in his later years thought about experiences of meaning and aspect change. Do such experiences matter? Or would a meaning- or aspect-blind person not lose much? Moreover, is this a matter of aesthetics or epistemology? To get a better (...) perspective on these matters, I will introduce distinctions between certain subjective and objective aspects, namely feelings of our inner psychological states versus fine-tuned objective experiences of the outer world. It seems to me that in his discussion of meaning-blindness, Wittgenstein unhappily floats between these two extremes, the subjective and the objective. I will also introduce some notions from Kant's aesthetics, to get a better understanding of the interplay between feeling and meaning. This will shed some new light on Wittgenstein's enquiry into meaning- and aspect-blindness. (shrink)
For thousands of years, people have used nature to justify their political, moral, and social judgments. Such appeals to the moral authority of nature are still very much with us today, as heated debates over genetically modified organisms and human cloning testify. The Moral Authority of Nature offers a wide-ranging account of how people have used nature to think about what counts as good, beautiful, just, or valuable. The eighteen essays cover a diverse array of topics, including the connection of (...) cosmic and human orders in ancient Greece, medieval notions of sexual disorder, early modern contexts for categorizing individuals and judging acts as "against nature," race and the origin of humans, ecological economics, and radical feminism. The essays also range widely in time and place, from archaic Greece to early twentieth-century China, medieval Europe to contemporary America. Scholars from a wide variety of fields will welcome The Moral Authority of Nature , which provides the first sustained historical survey of its topic. Contributors: Danielle Allen, Joan Cadden, Lorraine Daston, Fa-ti Fan, Eckhardt Fuchs, Valentin Groebner, Abigail J. Lustig, Gregg Mitman, Michelle Murphy, Katharine Park, Matt Price, Robert N. Proctor, Helmut Puff, Robert J. Richards, Londa Schiebinger, Laura Slatkin, Julia Adeney Thomas, Fernando Vidal. (shrink)
Pragmata: Festschrift für Klaus Oehler Chiefly in German, this handsomely produced volume, occasioned by the 80th birthday of Hamburg philosopher Klaus Oehler, assembles 31 papers, divided among 4 sections, successively devoted to ancient philosophy, semiotics, pragmatism and topics in modernity. One of the papers appears in French, “La philosophie de la musique dans l’ancien stoicisme,” by Evanghelos Moutsopoulos of the University of Athens. The book also contains 5 papers in English, concentrated in the sections on semiotics and pragmatism, including authors (...) familiar in these pages, such as Richard Robin “Charles Sanders Peirce Then and Now,” and Sandra Rosenthal writing on Peirce’s “neglected argument.” Several of the authors writing in German are also familiar to readers of these pages, including Helmut Pape, Hans Joas and Ludwig Nagl. The book is filled out with a short preface by the editors, a catalogue of the writings of Klaus Oehler from 1989 to 2008 (including mention of recent attention to William James), a comprehensive index of names and information on the contributing authors. The overall design of the book gives the impression of Peircean semiotics and pragmatism mediating between the ancients and modern problems.<br> The editors note some of Oehler’s honors: He received an honorary doctorate from the University of Athens (1993), was the first German President of the C.S. Peirce Society (1982) and in 1998 was awarded the International Prize of the Antonio Iannone Foundation in Rome. The title “Pragmata” is understood to stand for thought’s needed reference to facts and reality, and it expresses concern with relevance (Sachbezug). It is indicative of Oehler’s rejection of “all idealistic speculation,” and his “radical critique of idealism and utopian thinking” (Hingst and Liatsi, p. 9). One may sense Peirce-inspired echoes of the nineteenth century, neo-Kantian flight from Hegel: “Zu der Sache.”<br>. (shrink)
The ethical behavior of marketing managers was examined by analyzing their responses to a series of different types of ethical dilemmas presented in vignette form. The ethical dilemmas addressed dealt with the issues of (1) coercion and control, (2) conflict of interest, (3) the physical environment, (4) paternalism, and (5) personal integrity. Responses were analyzed to discover whether managers' behavior varied by type of issue faced or whether there is some continuity to ethical behavior which transcends the type of ethical (...) problem addressed. (shrink)
This essay challenges a "meta-theory" in just war analysis that purports to bridge the divide between just war and pacifism. According to the meta-theory, just war and pacifism share a common presumption against killing that can be overridden only under conditions stipulated by the just war criteria. Proponents of this meta-theory purport that their interpretation leads to ecumenical consensus between "just warriors" and pacifists, and makes the just war theory more effective in reducing recourse to war. Engagement with the new (...) meta-theory reveals, however, that these purported advantages are illusory, made possible only by ignoring fundamental questions about the nature and function of political authority that are crucial to all moral reflection on the problem of war. (shrink)
Alfred Schutz''s influence on American sociologists and sociology in the 1960s and 1970s is traced through the examination of the work of two of his students, Helmut Wagner and Peter Berger, and of Harold Garfinkel with whom he met and corresponded over a number of years. The circumstances of Schutz''s own academic situation, particularly the short period of his academic career in the United States and his location at the New School, are examined to consider how and in what (...) ways he was constrained from exerting an even wider influence. The two major areas of influence in American sociology that are examined are the sociology of knowledge and the early development of ethnomethodology. (shrink)
This is an essay about language, thought, and culture in general, and about Ancient Greek and Classical Chinese in particular. It is about the Sapir-Whorf hypothesis, which says that language influences the mind, and applies this hypothesis to Greek and Chinese. It is also an essay in comparative philosophy as well as a contribution to the history of ideas. From the language side, I rely on the nineteenth-century German linguist Wilhelm von Humboldt, and from the culture side on the contemporary (...) French sinologist François Jullien. Combining their ideas, I give substance to the Sapir-Whorf hypothesis and explain some of Jullien's claims about the historical and political developments of Chinese culture. The central .. (shrink)