Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of (...) the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. Matthias Mahlmann is University Professor, Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law at the University of Zurich. (shrink)

The foundations of law have been the object ofintense philosophical scrutiny since antiquity.Most importantly, it has been asked whetherthere are really any foundations other thansheer force to be found once more comfortingillusions are abandoned. This paperinvestigates four influential theorists ofradical legal philosophy and postmodern thought who dealwith this problem in comparable ways despitetheir different theoretical outlooks. Themerits of these theories having been assessed,mentalism in ethics and law is introduced as apossible alternative to both the widespreadfoundationalism of the past and theanti-foundationalism (...) of the postmodern present. (shrink)

The philosophical foundation and the limits of religious tolerance are part of the core problems of legal philosophy. The text explores the key epistemological and normative foundations of tolerance. Even though Kant cannot be credited with solving the riddles of tolerance his thought leads in core respects, most notably as regards to his critique of religious knowledge and his concept of human dignity, to the heart of the problem of the foundations of religious tolerance. Kant’s philosophy of religion is therefore (...) the focus of the following remarks which lead in the end to an assessment of widely discussed problems of religious tolerance today. (shrink)

Der Band beleuchtet Leibniz' Rechts- und Staatsphilosophie im Kontext seiner Metaphysik, Logik, Erkenntnistheorie und Moralphilosophie. Auch die Rezeption seiner Rechts- und Staatsphilosophie wird in den Beiträgen reflektiert. Gerade im Hinblick auf die aktuelle Diskussion um die politische Gestaltung Europas und die kosmopolitische Gestaltung der Globalisierung verdient seine Philosophie Aufmerksamkeit - nicht zuletzt auch auf Grund interner Spannungen, die das politische Selbstverständnis Europas bis heute kennzeichnen.

Making good decisions in extremely complex and difficult processes and situations has always been both a key task as well as a challenge in the clinic and has led to a large amount of clinical, legal and ethical routines, protocols and reflections in order to guarantee fair, participatory and up-to-date pathways for clinical decision-making. Nevertheless, the complexity of processes and physical phenomena, time as well as economic constraints and not least further endeavours as well as achievements in medicine and healthcare (...) continuously raise the need to evaluate and to improve clinical decision-making. This article scrutinises if and how clinical decision-making processes are challenged by the rise of so-called artificial intelligence-driven decision support systems (AI-DSS). In a first step, this article analyses how the rise of AI-DSS will affect and transform the modes of interaction between different agents in the clinic. In a second step, we point out how these changing modes of interaction also imply shifts in the conditions of trustworthiness, epistemic challenges regarding transparency, the underlying normative concepts of agency and its embedding into concrete contexts of deployment and, finally, the consequences for (possible) ascriptions of responsibility. Third, we draw first conclusions for further steps regarding a ‘meaningful human control’ of clinical AI-DSS. (shrink)

Influencing students’ educational achievements first requires understanding the underlying processes that lead to variation in students’ performance. Researchers are therefore increasingly interested in analyzing the differences in behavior displayed in educational assessments rather than merely assessing their outcomes. Such analyses provide valuable information on the differences between successful and unsuccessful students and help to design appropriate interventions. Complex problem solving (CPS) tasks have proven to provide particularly rich process data as they allow for a multitude of behaviors several of which (...) can lead to a successful performance. So far, this data has often been analyzed on a rather aggregated level looking at an average number of actions or predefined strategies. with only a few articles investigating the specific actions performed. In this paper, we illustrate and discuss a more detailed report the results of an exploratory analysis of CPS process data based on the specific actions performed.log-files that is aimed at distinguishing between students that applied the correct strategy to a problem but failed to solve it and those applying the strategy successfully. In that, the sequence of behavior displayed is reduced to interpretable parts (n-grams) that allow searching for meaningful differences between the two groups of students. This level of analysis allows finding previously undefined or unknown patterns within the data and increases our understanding of the processes underlying successful problem -solving behavior even further. (shrink)

Simulations are used in very different contexts and for very different purposes. An emerging development is the possibility of using simulations to obtain a more or less representative reproduction of organs or even entire persons. Such simulations are framed and discussed using the term ‘digital twin’. This paper unpacks and scrutinises the current use of such digital twins in medicine and the ideas embedded in this practice. First, the paper maps the different types of digital twins. A special focus is (...) put on the concrete challenges inherent in the interactions between persons and their digital twin. Second, the paper addresses the questions of how far a digital twin can represent a person and what the consequences of this may be. Against the background of these two analytical steps, the paper defines first conditions for digital twins to take on an ethically justifiable form of representation. (shrink)

Trust is one of the big buzzwords in debates about the shaping of society, democracy, and emerging technologies. For example, one prominent idea put forward by the High‐Level Expert Group on Artificial Intelligence appointed by the European Commission is that artificial intelligence should be trustworthy. In this essay, we explore the notion of trust and argue that both proponents and critics of trustworthy AI have flawed pictures of the nature of trust. We develop an approach to understanding trust in AI (...) that does not conceive of trust merely as an accelerator for societal acceptance of AI technologies. Instead, we argue, trust is granted through leaps of faith. For this reason, trust remains precarious, fragile, and resistant to promotion through formulaic approaches. We also highlight the significance of distrust in societal deliberation, as it is relevant to trust in various and intricate ways. Among the fruitful aspects of distrust is that it enables individuals to forgo technology if desired, to constrain its power, and to exercise meaningful human control. (shrink)

In this paper, we trace the conceptual history of the term ?metamathematics? in the nineteenth century. It is well known that Hilbert introduced the term for his proof-theoretic enterprise in about 1922. But he was verifiably inspired by an earlier usage of the phrase in the 1870s. After outlining Hilbert's understanding of the term, we will explore the lines of inducement and elucidate the different meanings of ?metamathematics? in the final decades of the nineteenth century. Finally, we will investigate the (...) earlier occurrences and come to the conclusion that the conceptual prehistory of the Hilbertian notion of metamathematics dates back to 1870, whereas the history of the word starts in 1799 at the latest. What is this: metamathematics? It is something amazing everybody, [?] since it makes the mind dizzy and withdraws thinking its sole fulcrum.1 1 Brunner 1898, p. 832: ?Was ist das: Metamathematik? Es ist etwas, was einen Jeden in das äusserste Staunen versetzt, [?] was das Gehirn schwindlig macht und dem Denken seinen einzigen Stütz- und Angelpunkt zu entziehen droht? (shrink)

This paper argues that data-driven medicine gives rise to a particular normative challenge. Against the backdrop of a distinction between the good and the right, harnessing personal health data towards the development and refinement of data-driven medicine is to be welcomed from the perspective of the good. Enacting solidarity drives progress in research and clinical practice. At the same time, such acts of sharing could—especially considering current developments in big data and artificial intelligence—compromise the right by leading to injustices and (...) affecting concrete modes of individual self-determination. In order to address this potential tension, two key elements for ethical reflection on data-driven medicine are proposed: the controllability of information flows, including technical infrastructures that are conducive towards controllability, and a paradigm shift towards output-orientation in governance and policy. (shrink)

For several decades, intercultural philosophers have produced an extensive body of scholarly work aimed at mutual intercultural understanding. They have focused on the ideal of intercultural dialogue that is supported by dialogue principles and virtuous attitudes. However, this ideal is challenged by decolonial scholarship as neglecting power inequalities. Decolonial scholars have emphasized the differences between cultures and worldviews, shifting the focus to colonial history and radical alterity. In return, intercultural philosophers have worried about the very possibility of dialogue and mutual (...) understanding in frameworks that use coloniality as their singular pole of analysis. In this paper, we explore the complex relations between decolonial and intercultural philosophies. While we diagnose tensions between both intellectual discourses, we argue that these tensions turn out to be productive: for intercultural philosophers, decolonial challenges provide an opportunity to critically rethink ideals of equitable dialogue in the light of colonial inequity and its deep entrenchment in global philosophical encounters. For decolonial scholars, intercultural philosophies provide an opportunity to sharpen positive proposals of equitable encounters beyond the critique of current forms of colonial domination. Rather than developing a compromise, we propose to embrace the productive tensions between them through a broad methodological toolbox. Decolonial and intercultural motifs serve different functions in the articulation of a critical global philosophy and can sharpen each other without integrating into a middle ground that is “a little bit intercultural” and “a little bit decolonial”. (shrink)

In this essay, I critically discuss Dale Jacquette's new English translation of Frege's work Die Grundlagen der Arithmetik as well as his Introduction and Critical Commentary (Frege, G. 2007. The Foundations of Arithmetic. A Logical-Mathematical Investigation into the Concept of Number . Translated with an Introduction and Critical Commentary by Dale Jacquette. New York: Longman. xxxii + 112 pp.). I begin with a short assessment of Frege's book. In sections 2 and 3, I examine several claims that Jacquette makes in (...) his Introduction and Critical Commentary and put matters in the right perspective. In sections 4-7, I analyse errors and shortcomings in Jacquette's (and Austin's) translation(s) and show how they can be avoided. In this context, I consider several issues of interest for Frege's logic and philosophy of arithmetic. I conclude with general remarks. (shrink)

It is very timely and highly important to think the relationship between theological and philosophical ethics. In this issue, Michael McCarthy et al. make a plea for a stronger dialogue...

In this article, I draw on the Mesoamerican institution of community offices (cargo) to support the view that political authority should be based on both political legitimacy and political expertise. I argue that the Mesoamerican tradition of cargos allows for a notion of political expertise that one acquires by rendering a service to one’s community. This expertise could be made a prerequisite for political representation without being vulnerable to several charges that have been levelled against epistocracy.

It will be argued that, by reading Marx’s theory of value not as an explanation of capitalist development but as anthropology of capitalism’s moral implications, certain ethical contradictions of HRM can be identified. The main areas of conflict are seen in HRM’s pretence to equitable exchange relations in the workplace, its propensity to replace material with symbolical recognition through corporate culture and ideology, and in its tendency to lay claim not only on the employee’s labour power but on his or (...) her whole personality. (shrink)

Although metaphysics as a discipline can hardly be separated from Aristotle and his works, the questions it raises were certainly known to authors even before the reception of Aristotle in the thirteenth century. Even without the explicit use of this term the twelfth century manifested a strong interest in metaphysical questions under the guise of «natural philosophy» or «divine science», leading M.-D. Chenu to coin the expression of a twelfth century «éveil métaphysique». In their commentaries on Boethius and under the (...) influence of Neoplatonism, twelfth century authors not only anticipate essential elements of thirteenth century metaphysics, they also make an original contribution to the history of metaphysics by attempting to integrate the theory of first principles, philosophical theology and ontology. This volume presents and examines the contributions of the twelfth century to metaphysics made by selected Jewish, Christian and Muslim authors of the Iberian Peninsula and Francia. -/- Contributors include Matthias Lutz-Bachmann (Frankfurt am Main), Andreas Speer (Würzburg), Charles Burnett (London), Alexander Fidora (Frankfurt am Main), Thomas Ricklin (Neuchâtel), Yossef Schwartz (Jerusalem), Josep Udina (Barcelona), Jack C. Marler (St. Louis/USA), Gillian R. Evans (Cambridge), Andreas Niederberger (Frankfurt am Main) and Françoise Hudry (Paris). (shrink)

How can we understand the intensifying interactions of science and society? The answers are found in part in the interdisciplinary field called science studies. This field provides us with a rich inventory of analytical approaches. It helps us explore science as a practice, a subsystem, a culture, and an institution. Its observation is that science today is part and parcel of what has come to be known as "knowledge society." Nine exemplary studies that inquire into, or are themselves examples of (...) the dynamics of scientific knowledge are included in this book. They cover issues as diverse as eugenics, climate research, and the role of historiography, and make use of different tools such as evolutionary reasoning, metaphor, and bibliometrics. Finally, they ponder the need for science to go public as well as for society to regulate knowledge and restructure universities as the building blocks of our science system. The message is that science studies can and should assume an active role in observing, reflecting, and communicating the intricate encounters of science and society today. Sabine Maasen teaches sociology at Basel University, Switzerland. Matthias Winterhager is senior researcher and coordinator of bibliometric studies at the Institute for Science and Technology Studies, University of Bielefeld, Germany. (shrink)

In the article ‘Represent Me: Please! Towards an Ethics of Digital Twins in Medicine’, I analysed and tried to better understand the main ethical challenges associated with Digital Twins. For those who are just entering the debate with this article: DT is a metaphor for a bundle of artificial intelligence driven simulation technologies that constantly, in real time and ad personam simulate single or multiple parts of the body and make predictions about future health states based on these simulations. My (...) argument addresses the need to look at the breadth of challenges through a perspective of representation. From such a take, key consequences can be drawn for the further development of such technologies, the required means of control and not least the way to think about the interaction between humans and ‘their’ simulations. I am very grateful for the subsequent suggestions, criticisms and further arguments, which have helped me to elaborate my arguments more clearly and have led to a substantial advancement of the debate and the discussion about ethical questions in dealing with DT. Jenny Blumenthal-Barby,1 Deborah Lupton,2 Jenny Krutzinna,3 Janina Loh,4 Brent Mittelstadt,5 Sven Nyholm,6 Daniel Tigard7 and Max Tretter8 have made excellent points, which, in the following, I will not be able to reply to individually and in detail. In this response, I will try to bundle the open points and questions along the comments and considerations mentioned above and attempt to outline their significance for an ethics of DT. Four challenges seem to be central. A first point addresses anthropological issues. It is concerned …. (shrink)

Two claims are essential to foundationalist theories of knowledge. First, that there are directly evident propositions; secondly, that, in justifying a particular knowledge claim, one ultimately arrives at a directly evident proposition making another proposition evident. In this dissertation, both claims are being defended. ;In defense of the first claim, a week definition of a proposition's being directly evident is suggested. Any attack against foundationalism rejecting the first claim must show that there are no contingent directly evident propositions in the (...) sense of this definition. According to the thesis of privileged access, what a man believes about his mental states is directly evident, or, according to different versions of this thesis, self-presenting, infallible, self-evident, indubitable, or incorrigible. Rejecting a number of objections to it, the thesis of privileged access in all of its versions is being defended. In defense of the second claim, an account of prima facie evidence is set forth, incorporating definitions of the concepts "e tends to make h evident," "i defeats the evidence e provides for h," and "e makes h prima facie evident for S." It is claimed that, if a proposition p is made prima facie evident for a person S, then there is no ground on which it is reasonable for S to doubt that p is true. ;Furthermore, two epistemic principles are being offered. The first lays down the conditions under which evidence is generated, asserting that evidence is generated in virtue of a person's being in a psychological state. The second lays down the conditions under which evidence is transmitted from a directly to an indirectly evident proposition, asserting that evidence is transmitted from a directly to an indirectly evident proposition if the former bears to the latter the relation of "e making h prima facie evident.". (shrink)

The expression of certain eukaryotic genes is – at least in part – controlled at the level of mRNA translation. The step of translational initiation represents the primary target for regulation. The regulation of the intracellular iron storage protein ferritin in response to iron levels provides a good example of translational control by a reversible RNA/protein interaction in the 5' untranslated region of an mRNA. We consider mechanisms by which mRNA/protein interactions may impede translation initiation and discuss recent data suggesting (...) that the ferritin example may represent the ‘tip of the iceberg’ of a more general theme for translational control. (shrink)

Nietzsche est un penseur qui dérange. Les propos qu'il a pu tenir dans ses différents ouvrages peuvent, pour un profane, sembler excessifs, surtout dans le contexte social moderne relativement apaisé, loin des fureurs et des passions du XIXe siècle. L'antisémitisme, grand fléau de cette période, et des époques antérieures, est encore un reproche qui est formulé à rencontre du provocateur allemand.Cependant, cette posture ne tient pas lorsqu'on s'attarde sur ses écrits. La recherche de l'honnêteté intellectuelle, l'intransigeance nous poussent à dire (...) qu'il s'agit là d'un faux procès. Qu'on se contente de lire l'auteur directement, sans risquer les déformations propres aux traductions et aux interprétations ; qu'on ne cherche pas à calquer la mentalité d'un siècle passé sur celle d'un autre plus lisse, plus acceptable, plus « politiquement correct » ; certes, il était probable pour Nietzsche que la vérité n'est qu'affaire d'interprétation. Cette dernière ne peut toutefois permettre l'affirmation de thèse erronée. (shrink)

Genome Editing Techniques are seen to be at the frontier of current research in the field of emerging biotechnologies. The latest revolutionary development, the so-called CRISPR technology, represents a paradigmatic example of the ambiguity of such techniques and has resulted in an international interdisciplinary debate on whether or not it is necessary to ban the application of this technique by means of a moratorium on its use for human germline modifications, particularly in human embryos in the reproduction process. However, given (...) that other germline engineering techniques like mitochondrial DNA transfer techniques are already permitted and applied, the question arises what lies at the root of the apparent social unease about the modification of the human germline by Genome Editing Techniques like CRISPR. Against this background, the book seeks to make a substantial contribution to the current debate about a responsible and participatory framework for research on emerging biotechnologies by analysing underlying perceptions, attitudes, arguments and the reasoning on Genome Editing Techniques. (shrink)

The astonishing efficiency and accuracy of DNA replication has long suggested that refined rules enforce a single highly reproducible sequence of molecular events during the process. This view was solidified by early demonstrations that DNA unwinding and synthesis are coupled within a stable molecular factory, known as the replisome, which consists of conserved components that each play unique and complementary roles. However, recent single-molecule observations of replisome dynamics have begun to challenge this view, revealing that replication may not be defined (...) by a uniform sequence of events. Instead, multiple exchange pathways, pauses, and DNA loop types appear to dominate replisome function. These observations suggest we must rethink our fundamental assumptions and acknowledge that each replication cycle may involve sampling of alternative, sometimes parallel, pathways. Here, we review our current mechanistic understanding of DNA replication while highlighting findings that exemplify multi-pathway aspects of replisome function and considering the broader implications. Recent single-molecule studies have revealed that replisome function is dominated by stochastic sampling of multiple molecular pathways. In the context of these new findings, we re-examine the foundational assumptions and seminal experiments that have guided our understanding of replication mechanism and reconcile several long-debated coordination models. (shrink)