Bahá’í law differentiates between a secular and a sacred legal sphere, intertwining both by positing a religious duty for its adherents to abide by secular (state) law. In Germany, it encounters a secular legal framework that aims at something similar – creating an equilibrium between state law and religious law by establishing the principle of the division of State and Religion, while at the same time facilitating religious freedom; it provides a secular justification for the recognition of religious law. With (...) this, both orders provide mechanisms ensuring that state law and religious law are able to enforce their own claim of validity, while at the same time avoiding conflicts between the respective legal orders. The article argues that this unique interaction between Bahá’í law and the German constitutional law framework impacted both legal orders. For German law, on the one hand, it proved to be crucial for the development and opening of this legal field – whose original purpose was the regulation of the relationship between the state and the (two) Christian churches – for other religious traditions. The interaction with state law has impacted the Bahá’í Community of Germany, on the other hand, by catalyzing a number of developments that in other comparative law contexts have been dubbed “constitutionalization” effects. (shrink)

Članek obravnava pravno teorijo, ki je prisotna v končnem delu Vebrovega spisa Etika. Prvi poizkus eksaktne logike nagonske pameti. Veber se le mimogrede ukvarja s teorijo prava, vendar njegov prispevek ni zanemarljiv. Vebrova Etika je logika nagonske pameti: Veber, gledano iz čistega predmetnoteoretičnega vidika, ne sestavlja zbirke moralnih zapovedi, ampak namerava orisati najsplošnejša formalna načela, ki določajo pravilnost nagonskega doživetja. Tega, kaj mora posameznik narediti v danem trenutku, logika nagonske pameti ne more povedati, ker je le formalna veda. »Most« med (...) formalnim in materialnim pristopom nravnemu problemu Veber najde v glasu vesti, ki svetuje posamezniku, kaj naj naredi v konkretnem delovanju. V soglasju s tem mora biti državno pravo osnovano na načelih nagonske logike, ker bi bilo drugače brez vsake veljavnosti. Pravo velja, v kolikor je utemeljeno na logiki, ki orisuje imanentna načela človeške narave; cilj prava je pospeševanje čim bolj pravilnega življenja posameznikov in družbe. Z druge strani vsebina tega prava ni enkrat za vselej določena in napisana, ampak vsakič izhaja iz hermenevtike, ki jo posamezniki in družba morajo izvršiti o sebi in o svoji naravi. Etika »zdravega razuma« in »povprečnega človeka« je po Vebru najboljši model za materialno izpopolnenje formalne nagonske logike. (shrink)

Článek je věnován tématu plagiátorství, zejména v oblasti vědeckého výzkumu. Vznáší otázku, jaké jsou kořeny tohoto negativního jevu. Příčiny mohou být v ambicích každého jedince a souvisejí s jeho morálními kvalitami. Kromě toho autor však hovoří o komplexu faktorů, které vyrůstají ze sociálního prostředí a ovlivňují výskyt plagiátorství v současné společnosti. Některé z těchto faktorů jej přímo podporují. Hlavní myšlenkou textu je, že systém hodnocení vědeckého výzkumu by měl dbát o smysluplnost textů a snížení formalismu. Pak by plagiátorství nebylo odmítáno (...) pouze de iure, ale také de facto. (shrink)

Los principios ontológicos de la unidad y continuidad del ser constituyen los dos rasgos fundamentales de la categoría de la identidad dentro del pensamiento filosófico del autor. La importancia de los mismos se manifiesta, desde el primer momento, en el hecho de que su antropología filosófica esté polarizada a partir de las categorías de la identidad, alteridad y diferencia ontológicas. Dado que la complejidad del pensamiento unamuniano no nos permite, en un único estudio, el análisis conjunto de las tres categorías, (...) optamos por centrarnos en la categoría de la identidad y en sus principios de unidad y continuidad del ser que constituyen la dimensión más positiva de su proyecto antropológico. (shrink)

Although for the last 50 years, ethicists dealing with human experimentation have focused primarily on the need to protect individual research subjects and vulnerable groups, biomedical research, especially in genetics, now requires the establishment of standards for the protection of communities. We have developed such a strategy, based on five steps. (i) Identification of community characteristics relevant to the biomedical research setting, (ii) delineation of a typology of different types of communities using these characteristics, (iii) determination of the range of (...) possible community protections, (iv) creation of connections between particular protections and one or more community characteristics necessary for its implementation, and (v) synthesis of community characteristics and possible protections to define protections appropriate for each type of community. Depending on the particular community, consent and consultation, consultation alone, or no added protections may be required for research. (shrink)

This paper examines the effects of a decrease in auditor litigation risk in a setting that isolates a change in auditor litigation risk from changes in auditor reputation. _StoneRidge Investment Partners v. Scientific Atlanta_ is a 2008 U.S. Supreme Court ruling that restricted secondary actor liability in class action suits, resulting in a decrease in class actions that listed auditors as defendants. We document that the _StoneRidge_ decision is associated with a negative CAR for clients of Big 4 auditors and (...) industry specialist auditors, in particular those associated with high-litigation risk, low cash, and past incidences of modified going concern opinions. These findings are consistent with investor perception of lower potential payoffs from secondary defendants in class action suits, in particular auditors, following the _StoneRidge_ decision. We also document that auditors are more (less) likely to accept (reject) risky clients and charge lower audit fees to risky clients after _StoneRidge_, consistent with a decrease in auditor litigation risk that increases auditor risk tolerance. Finally, we provide evidence that audit firms issue fewer going concern opinions following _StoneRidge_, consistent with a decrease in litigation risk leading to lower audit quality_._ Our results are relevant to policy makers as they consider the disciplinary role of litigation on audit markets. (shrink)

The humanity is examined on two levels: first as a natural biological quality having a moral dimension and a moral impact, and then as a moral quality, which is a specific human product and a result of cultural evolution, i.e. of human moral deve-lopment. According to the forms of the realized humanity the author differentiates between active and passive forms of humanity; the active humanity is further divided into a positive and a negative ones.

t. 1. Dialog s V. V. Davydovym -- t. 2. Nereshennye problemy razvivai︠u︡shchego obrazovanii︠a︡.

In several recent papers and a monograph, Andreas Stokke argues that questions can be misleading, but that they cannot be lies. The aim of this paper is to show that ordinary speakers disagree. We show that ordinary speakers judge certain kinds of insincere questions to be lies, namely questions carrying a believed-false presupposition the speaker intends to convey. These judgements are robust and remain so when the participants are given the possibility of classifying the utterances as misleading or as deceiving. (...) The judgements contrast with judgements participants give about cases of misleading or deceptive behaviour, and they pattern with judgements participants make about declarative lies. Finally, the possibility of lying with non-declaratives is not confined to questions: ordinary speakers also judge utterances of imperative, exclamative and optative sentences carrying believed-false presuppositions to be lies. (shrink)

To understand the endogenous components of the event-related brain potential (ERP), we must use data about the components' antecedent conditions to form hypotheses about the information-processing function of the underlying brain activity. These hypotheses, in turn, generate testable predictions about the consequences of the component. We review the application of this approach to the analysis of the P300 component. The amplitude of the P300 is controlled multiplicatively by the subjective probability and the task relevance of the eliciting events, whereas its (...) latency depends on the duration of stimulus evaluation. These and other factors suggest that the P300 is a manifestation of activity occurring whenever one's model of the environment must be revised. Tests of three predictions based on this “context updating” model are reviewed. Verleger's critique is based on a misconstrual of the model as well as a partial and misleading reading of the relevant literature. (shrink)

It is widely held that all lies are assertions: the traditional definition of lying entails that, in order to lie, speakers have to assert something they believe to be false. It is also widely held that assertion contrasts with presupposition and, in particular, that one cannot assert something by presupposing it. Together, these views imply that speakers cannot lie with presuppositions—a view that Andreas Stokke has recently explicitly defended. The aim of this paper is to argue that speakers can lie (...) with presuppositions, and to discuss some of the implications this outcome has for current research on lying, assertion and presupposition. (shrink)

The distinction between lying and mere misleading is commonly tied to the distinction between saying and conversationally implicating. Many definitions of lying are based on the idea that liars say something they believe to be false, while misleaders put forward a believed-false conversational implicature. The aim of this paper is to motivate, spell out, and defend an alternative approach, on which lying and misleading differ in terms of commitment: liars, but not misleaders, commit themselves to something they believe to be (...) false. This approach entails that lying and misleading involve speech-acts of different force. While lying requires the committal speech-act of asserting, misleading involves the non-committal speech-act of suggesting. The approach leads to a broader definition of lying that can account for lies that are told while speaking non-literally or with the help of presuppositions, and it allows for a parallel definition of misleading, which so far is lacking in the debate. (shrink)

Drawing on evolutionary epistemology, process ontology, and a social-cognition approach, this book suggests cognitive evolution, an evolutionary-constructivist social and normative theory of change and stability of international social orders. It argues that practices and their background knowledge survive preferentially, communities of practice serve as their vehicle, and social orders evolve. As an evolutionary theory of world ordering, which does not borrow from the natural sciences, it explains why certain configurations of practices organize and govern social orders epistemically and normatively, and (...) why and how these configurations evolve from one social order to another. Suggesting a multiple and overlapping international social orders' approach, the book uses three running cases of contested orders - Europe's contemporary social order, the cyberspace order, and the corporate order - to illustrate the theory. Based on the concepts of common humanity and epistemological security, the author also submits a normative theory of better practices and of bounded progress. (shrink)

In Emanuel Adler's distinctive constructivist approach to international relations theory, international practices evolve in tandem with collective knowledge of the material and social worlds. This book - comprising a selection of his journal publications, a new introduction and three previously unpublished articles - points IR constructivism in a novel direction, characterized as 'communitarian'. Adler's synthesis does not herald the end of the nation-state; nor does it suggest that agency is unimportant in international life. Rather, it argues that what mediates (...) between individual and state agency and social structures are communities of practice, which are the wellspring and repositories of collective meanings and social practices. The concept of communities of practice casts new light on epistemic communities and security communities, helping to explain why certain ideas congeal into human practices and others do not, and which social mechanisms can facilitate the emergence of normatively better communities. (shrink)

Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.

Many recent definitions of lying are based on the notion of what is said. This paper argues that says-based definitions of lying cannot account for lies involving non-literal speech, such as metaphor, hyperbole, loose use or irony. It proposes that lies should instead be defined in terms of assertion, where what is asserted need not coincide with what is said. And it points to possible implications this outcome might have for the ethics of lying.

We analyze recent criticisms of the use of hyperreal probabilities as expressed by Pruss, Easwaran, Parker, and Williamson. We show that the alleged arbitrariness of hyperreal fields can be avoided by working in the Kanovei–Shelah model or in saturated models. We argue that some of the objections to hyperreal probabilities arise from hidden biases that favor Archimedean models. We discuss the advantage of the hyperreals over transferless fields with infinitesimals. In Paper II we analyze two underdetermination theorems by Pruss and (...) show that they hinge upon parasitic external hyperreal-valued measures, whereas internal hyperfinite measures are not underdetermined. (shrink)

ABSTRACTA probability model is underdetermined when there is no rational reason to assign a particular infinitesimal value as the probability of single events. Pruss claims that hyperreal probabilities are underdetermined. The claim is based upon external hyperreal-valued measures. We show that internal hyperfinite measures are not underdetermined. The importance of internality stems from the fact that Robinson’s transfer principle only applies to internal entities. We also evaluate the claim that transferless ordered fields may have advantages over hyperreals in probabilistic modeling. (...) We show that probabilities developed over such fields are less expressive than hyperreal probabilities. (shrink)

In arguing against a supposed ambiguity, philosophers often rely on the zeugma test. In an application of the zeugma test, a supposedly ambiguous expression is placed in a sentence in which several of its supposed meanings are forced together. If the resulting sentence sounds zeugmatic, that is taken as evidence for ambiguity; if it does not sound zeugmatic, that is taken as evidence against ambiguity. The aim of this article is to show that arguments based on the second direction of (...) the test are misguided: ambiguous expressions, and in particular philosophically contested ones, do not reliably lead to zeugmaticity, so an absence of zeugmaticity provides no meaningful evidence for an absence of ambiguity. (shrink)

Pictures are notably absent from the current debate about how to define lying. Theorists in this debate tend to focus on linguistic means of communication and do not consider the possibility of lying with photographs, drawings and other kinds of pictures. The aim of this paper is to show that such a narrow focus is misguided: there is a strong case to be made for the possibility of lying with pictures and this possibility allows for insights concerning the question of (...) how lying should be defined. (shrink)

Four ethical values — maximizing benefits, treating equally, promoting and rewarding instrumental value, and giving priority to the worst off — yield six specific recommendations for allocating medical resources in the Covid-19 pandemic: maximize benefits; prioritize health workers; do not allocate on a first-come, first-served basis; be responsive to evidence; recognize research participation; and apply the same principles to all Covid-19 and non–Covid-19 patients.

Intentionalism is the view that demonstratives, gradable adjectives, quantifiers, modals and other context‐sensitive expressions are intention‐sensitive: their semantic value on a given use is fixed by speaker intentions. The first aim of this paper is to defend Intentionalism against three recent objections, according to which speakers at least sometimes do not have suitable intentions when using supposedly intention‐sensitive expressions. Its second aim is to thereby shed light on the so far little‐explored question of which kinds of intentions can be semantically (...) relevant. (shrink)

Background: The health professionals are involved in the paths of care for patients with different medical conditions. Their life is frequently characterized by psychopathological outcomes so that it is possible to identify consistent burdens. Besides the possibility to develop pathological outcomes, some protective factors such as resilience play a fundamental role in facilitating the adaptation process and the management of maladaptive patterns. Personal characteristics and specific indexes such as burdens and resilience are essential variables useful to study in-depth ongoing conditions (...) and possible interventions. The study was aimed at highlighting the presence and the relations among factors as personal variables, burdens, and resilience, to understand health professionals' specific structure and functions.Methods: The observation group was composed of 210 participants, 55 males, and 155 females, aged from 18 to 30 years old with a mean age of 25.92 years old. The study considered personal characteristics of the subjects, such as age, gender, years of study, days of work per week, hours of work per week, and years of work. Our study had been conducted with the use of measures related to burdens and resilience.Results: The performed analyses consisted of descriptive statistics, correlations, and regressions among the considered variables. Several significant correlations emerged among personal characteristics, CBI, and RSA variables. Specifically, age and work commitment indexes appeared to be significantly related to the development of burdens, differently from the years of study. Significant correlations emerged among personal and RSA variables, indicating precise directions for both domains. Age and gender were identified as predictors to perform multivariate regression analyses concerning CBI factors. Significant dependence relations emerged with reference to all CBI variables.Conclusion: Pathological outcomes and resilience factors represent two sides of the health professionals' experiences, also known as “invisible patients.” Greater knowledge about present conditions and future possibilities is a well-known need in literature so that the current analyses considered fundamental factors. In line with state of the art, future studies are needed in order to deepen elusive phenomena underlying maladjustment. (shrink)

In the past few years, machine learning (ML) tools have been implemented with success in the medical context. However, several practitioners have raised concerns about the lack of transparency—at the algorithmic level—of many of these tools; and solutions from the field of explainable AI (XAI) have been seen as a way to open the ‘black box’ and make the tools more trustworthy. Recently, Alex London has argued that in the medical context we do not need machine learning tools to be (...) interpretable at the algorithmic level to make them trustworthy, as long as they meet some strict empirical desiderata. In this paper, we analyse and develop London’s position. In particular, we make two claims. First, we claim that London’s solution to the problem of trust can potentially address another problem, which is how to evaluate the reliability of ML tools in medicine for regulatory purposes. Second, we claim that to deal with this problem, we need to develop London’s views by shifting the focus from the opacity of algorithmic details to the opacity of the way in which ML tools are trained and built. We claim that to regulate AI tools and evaluate their reliability, agencies need an explanation of how ML tools have been built, which requires documenting and justifying the technical choices that practitioners have made in designing such tools. This is because different algorithmic designs may lead to different outcomes, and to the realization of different purposes. However, given that technical choices underlying algorithmic design are shaped by value-laden considerations, opening the black box of the design process means also making transparent and motivating (technical and ethical) values and preferences behind such choices. Using tools from philosophy of technology and philosophy of science, we elaborate a framework showing how an explanation of the training processes of ML tools in medicine should look like. (shrink)

Summary Dugald Stewart was the first metaphysician of any significance in Britain who attempted to take account of Kantian philosophy, although his analysis appears generally dismissive. Traditionally this has been imputed to Stewart's poor understanding of Kant and to his efforts to defend the orthodoxy of common sense. This paper argues that, notwithstanding Stewart's reading, Kant's philosophy helped him in a reconsideration and reassessment of common sense philosophy. In his mature works—the Philosophical Essays (1810), the second volume of the Elements (...) of the Philosophy of the Human Mind (1814), and the second part of his historical ‘Dissertation› (1815–1821)—Stewart's analysis of Kantian philosophy is far from being uniform. In the first two works, he takes a cautious approach to transcendentalism, showing some interest in the challenge it might represent for common sense; in the last, he turns to rash criticism. This change may appear confusing and inconsistent unless considered in the light of a precise ‘nationalistic’ strategy. In fact, once Stewart had taken from Kantian philosophy what he deemed useful for his own aims, he eventually dismissed it in order to show that his reworked version of common sense was the most original and most consistent outcome of the whole Anglo-Scottish philosophical tradition. (shrink)

ABSTRACT Copredication, as exhibited by sentences such as ‘That book is heavy but informative,’ is commonly seen as a phenomenon that is tied to sentences featuring polysemous expressions. David Liebesman and Ofra Magidor have recently attacked this view by arguing that ‘book’ has a single context-sensitive sense. The first aim of the present paper is to show that Liebesman and Magidor are wrong to claim that ‘book’ is univocal, but that they may nonetheless be right to question that copredication requires (...) polysemy. Its second aim is to consider implications of this result for the debates on copredication and on semantic variability. (shrink)

In the past few years, the ethical ramifications of AI technologies have been at the center of intense debates. Considerable attention has been devoted to understanding how a morally responsible practice of data science can be promoted and which values have to shape it. In this context, ethics and moral responsibility have been mainly conceptualized as compliance to widely shared principles. However, several scholars have highlighted the limitations of such a principled approach. Drawing from microethics and the virtue theory tradition, (...) in this paper, we formulate a different approach to ethics in data science which is based on a different conception of “being ethical” and, ultimately, of what it means to promote a morally responsible data science. First, we develop the idea that, rather than only compliance, ethical decision-making consists in using certain moral abilities, which are cultivated by practicing and exercising them in the data science process. An aspect of virtue development that we discuss here is moral attention, which is the ability of data scientists to identify the ethical relevance of their own technical decisions in data science activities. Next, by elaborating on the capability approach, we define a technical act as ethically relevant when it impacts one or more of the basic human capabilities of data subjects. Therefore, rather than “applying ethics”, data scientists should cultivate ethics as a form of reflection on how technical choices and ethical impacts shape one another. Finally, we show how this microethical framework concretely works, by dissecting the ethical dimension of the technical procedures involved in data understanding and preparation of electronic health records. (shrink)

In the science and values literature, scholars have shown how science is influenced and shaped by values, often in opposition to the ‘value free’ ideal of science. In this paper, we aim to contribute to the science and values literature by showing that the relation between science and values flows not only from values into scientific practice, but also from (allegedly neutral) science to values themselves. The extant literature in the ‘science and values’ field focuses by and large on reconstructing, (...) post hoc, how values have influenced science; our reconstruction of the case studies, instead, aims to show that scientific concepts and methods _too, because of specific identifiable characteristics,_ can promote some values rather than (or at the expense of) others. We explain this bidirectional relation in analogy to debates on the normativity of technical artifacts and on feminist approaches in science, and we illustrate our claims with cases from the health sciences and machine learning. While our arguments in this paper also draw on post hoc reconstructions, we intend to show where, in the science in the making, we should engage not only with the question whether a practice is value-laden, but also how specific conceptual and methodological choices can influence values down the road. All in all, these considerations expand the ways in which philosophers can contribute to more value-aware scientific practices. (shrink)