"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

The order in which Plato’s thoughts follow upon one another in the Republic is logical, but the dramatic or the picturesque medium through which he is constantly presenting his ideas disguises the logical structure of the work.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

A substantial body of empirical evidence shows that individuals overweight extreme events and act in conflict with the expected utility theory. These findings were the primary motivation behind the development of a rank-dependent utility theory for choice under uncertainty. The purpose of this paper is to demonstrate that some simple empirical rules of thumb for choice under uncertainty are consistent with the rank-dependent utility theory.

Abduction is considered the most powerful, but also the most controversially discussed type of inference. Based on an analysis of Peirce’s retroduction, Lipton’s Inference to the Best Explanation and other theories, a new theory of abduction is proposed. It considers abduction not as intrinsically explanatory but as intrinsically conditional: for a given fact, abduction allows one to infer a fact that implies it. There are three types of abduction: Selective abduction selects an already known conditional whose consequent is the given (...) fact and infers that its antecedent is true. Conditional-creative abduction creates a new conditional in which the given fact is the consequent and a defined fact is the antecedent that implies the given fact. Propositional-conditional-creative abduction assumes that the given fact is implied by a hitherto undefined fact and thus creates a new conditional with a new proposition as antecedent. The execution of abductive inferences is specified by theory-specific patterns. Each pattern consists of a set of rules for both generating and justifying abductive conclusions and covers the complete inference process. Consequently, abductive inferences can be formalised iff the whole pattern can be formalised. The empirical consistency of the proposed theory is demonstrated by a case study of Semmelweis' research on puerperal fever. (shrink)

We provide first-order axioms for the theories of finite trees with bounded branching and finite trees with arbitrary (finite) branching. The signature is chosen to express, in a natural way, those properties of trees most relevant to linguistic theories. These axioms provide a foundation for results in linguistics that are based on reasoning formally about such properties. We include some observations on the expressive power of these theories relative to traditional language complexity classes.

Die Studie «Sittlichkeit und Verbrechen bei Hegel» analysiert den Komplex von Sittlichkeit, Verbrechen und Strafe bei Hegel. Sie verfolgt, wie Hegel das Verbrechen vom Standpunkt der Sittlichkeit aus einerseits als etwas davon Abweichendes beurteilt und andererseits die Strafe als die Realisation des Willens des Verbrechers deduzieren will. Dabei werden die logischen Abstraktionen, unter die Hegel das Verbrechen subsumiert, ebenso einer selbständigen Untersuchung unterzogen wie bei der Untersuchung der Sittlichkeit der Standpunkt der Sittlichkeit. Der Abschnitt der Hegelschen «Rechtsphilosophie» «Die bürgerliche Gesellschaft» (...) wird nachgezeichnet als eine Folge jeweils besonders bestimmter Existenzweisen der Begriffsbestimmungen der Idee der Sittlichkeit. (shrink)

Die Untersuchung der wallonischen consolatio-Übersetzung führte zur Entdeckung und Neudatierung eines lateinischen consolatio-Kommentars, der auch von Jean de Meun benutzt wurde. Somit kann durch Gegenüberstellung von Vorlage und Übersetzung an einem konkreten Beispiel Einblick in die Übersetzungspraxis im Mittelalter gewonnen werden.

Statements of the form ''Osorno is in Chile'' were presented in colors that made them easy or difficult to read against a white background and participants judged the truth of the statement. Moderately visible statements were judged as true at chance level, whereas highly visible statements were judged as true significantly above chance level. We conclude that perceptual fluency affects judgments of truth.

The book is based on documentary and biographical materials that have only recently become available.

P3 is the most prominent of the electrical potentials of the human electroencephalogram that are sensitive to psychological variables. According to the most influential current hypothesis about its psychological significance [E. Donchin's], the “context updating” hypothesis, P3 reflects the updating of working memory. This hypothesis cannot account for relevant portions of the available evidence and it entails some basic contradictions. A more general formulation of this hypothesis is that P3 reflects the updating of expectancies. This version implies that P3-evoking stimuli (...) are initially unexpected but later become expected. This contradiction cannot be resolved within this formulation. The alternative “context closure” hypothesis retains the concept of “strategic information processing” emphasized by the context updating hypothesis. P3s are evoked by events that are awaited when subjects deal with repetitive, highly structured tasks; P3s arise from subjects' combining successive stimuli into larger units. The tasks in which P3s are elicited can accordingly be classified in terms of their respective formal sequences of stimuli. P3 may be a physiological indicator of excess activation being released from perceptual control areas. (shrink)

This article combines findings from cognitive psychology on the role of processing fluency in truth judgments with epistemological theory on justification of belief. We first review evidence that repeated exposure to a statement increases the subjective ease with which that statement is processed. This increased processing fluency, in turn, increases the probability that the statement is judged to be true. The basic question discussed here is whether the use of processing fluency as a cue to truth is epistemically justified. In (...) the present analysis, based on Bayes’ Theorem, we adopt the reliable-process account of justification presented by Goldman (1986) and show that fluency is a reliable cue to truth, under the assumption that the majority of statements one has been exposed to are true. In the final section, we broaden the scope of this analysis and discuss how processing fluency as a potentially universal cue to judged truth may contribute to cultural differences in commonsense beliefs. (shrink)

This experimental study examines individuals’ legitimacy judgments. We develop a model that demonstrates the role of attributed motives and corporate credibility for the evaluation of organizational legitimacy and test this model with an experimental vignette study. Our results show that when a corporate activity creates benefits for the firm—in addition to social benefits—individuals attribute more extrinsic motives. Extrinsic motives are ascribed when a corporation is perceived as being driven by external rewards as opposed to an altruistic commitment to a social (...) cause. Extrinsic motives negatively affect corporate credibility and organizational legitimacy judgments. This article contributes to a better understanding of the complex process of organizational legitimacy judgment by shedding light on the individual’s perspective and expounding the relationship between attributed motives, corporate credibility, and organizational legitimacy. (shrink)

Previous research has shown that female leaders lead slightly more effective than male leaders. However, women are still underrepresented in higher management. In this study, we seek to contribute to a deeper understanding of this paradox by proposing and testing an innovative model that integrates different research streams on gender and leadership. Specifically, we propose power motivation and transformational leadership as two central yet opposing dynamics that underlie the relation between gender and leadership role occupancy. We tested this model in (...) a sample of 256 employees. Results provided support for the proposed relations. These findings contribute to a more detailed and comprehensive understanding for central dynamics that link gender and leadership role occupancy. Moreover, they provide important insights for interventions that are targeted at reducing the gender gap in leadership. We discuss the theoretical and practical implications of these findings. (shrink)

Scientific medicine has been successful by ways of an ever more detailed understanding and mastering of bodily functions and dysfunctions. Biomedical research promises new triumphs, but discontent with medical practice is all around. Since several decades this has been acknowledged and discussed. The philosophical traditions of phenomenology and hermeneutics have been proposed as promising ways to approach medical practice, by ways of a richer understanding of the meaning structures of health and illness. In 2000, Swedish philosopher Fredrik Svenaeus published a (...) book where he proposes that the phenomenological hermeneutics of Martin Heidegger and also the reflections on health and illness of Hans-Georg Gadamer offer important ways to approach the nature of medicine. In particular, Svenaeus argues that the goal of medicine is to promote and restore health, and that health ought to be seen as “homelike being-in-the-world”. Unhealth, illness, consequently should be understood as a situation where a person’s “being-in-the-world” in characterized by that lack of the rhythm, balance and “tune” of everyday living that characterizes not “being at home”. In this article, Svenaeus’ position is briefly outlined. Questions are raised whether “unhomelikeness” is to be seen as a metaphor, and, if so, if it is a fruitful such. Furthermore, I discuss whether or not a discourse on health and illness in these terms may be misleading in a situation where the ontological presuppositions of Heidegger are lost out of sight and the popular understanding of health psychology predominates. I also approach the question whether Svenaeus’ assumptions may inadvertently lead us to an unjustifiably broad understanding of the tasks of medicine. It is finally concluded that Svenaeus phenomenological and hermeneutical approach is both interesting and promising. There are, however, several questions that ought to be pursued further, and the step from philosophical analysis to everyday clinical discourse may be unexpectedly long and risky. (shrink)

Perceptual fluency is the subjective experience of ease with which an incoming stimulus is processed. Although perceptual fluency is assessed by speed of processing, it remains unclear how objective speed is related to subjective experiences of fluency. We present evidence that speed at different stages of the perceptual process contributes to perceptual fluency. In an experiment, figure-ground contrast influenced detection of briefly presented words, but not their identification at longer exposure durations. Conversely, font in which the word was written influenced (...) identification, but not detection. Both contrast and font influenced subjective fluency. These findings suggest that speed of processing at different stages condensed into a unified subjective experience of perceptual fluency. (shrink)

Friedman’s view on corporate social responsibility is often accused of being incoherent and of setting rather low ethical standards for managers. This paper outlines Friedman’s ethical expectations for corporate executives against the backdrop of the strong emphasis he puts on individual freedom. Doing so reveals that the ethical standards he imposes on managers can be strictly deduced from individual freedom and that these standards involve both deontological norms and the fulfillment of particular stakeholder expectations. These insights illustrate the necessity to (...) reconsider how Friedman’s approach relates to other important normative theories of business ethics. Contrasting Friedman’s approach with stakeholder theory and integrative social contract theory—when considering the importance he assigns to individual freedom—shows how and why these approaches differ. Still, the comparison also highlights striking similarities. This paper contributes to a better understanding of Friedman’s position—which is still one of the most influential approaches in business ethics research—because it enables a differentiated look at its strengths and weaknesses. (shrink)

Perceptual fluency is the subjective experience of ease with which an incoming stimulus is processed. Although perceptual fluency is assessed by speed of processing, it remains unclear how objective speed is related to subjective experiences of fluency. We present evidence that speed at different stages of the perceptual process contributes to perceptual fluency. In an experiment, figure-ground contrast influenced detection of briefly presented words, but not their identification at longer exposure durations. Conversely, font in which the word was written influenced (...) identification, but not detection. Both contrast and font influenced subjective fluency. These findings suggest that speed of processing at different stages condensed into a unified subjective experience of perceptual fluency. (shrink)

Additionally, the text shows how to develop computationally feasible methods to mesh with this framework.

The essay operates an itemisation of the three main streams in the history of emotions: the history of individual emotions, the study of the role that emotions have in historical processes, and the reflection on the influence of emotions on history writing. The second part of the article is devoted to the methodological and theoretical status of the study of past emotions. It highlights how many studies in the history of emotions remain heavily conditioned by an idea of culture typical (...) of Western philosophy of history. (shrink)

The nature and scope of medical humanities are under debate. Some regard this field as consisting of those parts of the humanistic sciences that enhance our understanding of clinical practice and of medicine as historical phenomenon. In this article it is argued that aesthetic experience is as crucial to this project as are humanistic studies. To rightly understand what medicine is about we need to acknowledge the equal importance of two modes of understanding, intertwined and mutually reinforcing: the mode of (...) aesthetic imagination and the mode of analytical reflection. (shrink)

The object of this essay is to discuss two problems and to present solutions to them, which do not quite agree with what is generally said of them. The first problem concerns the history of methods for reaching firm historical knowledge. In three methodological manuals for historians, written by J. G. Droysen, E. Bernheim, and C.-V. Langlois and C. Seignobos and first published in the late nineteenth century, the task of the historian was said to be how to obtain firm (...) knowledge about history. The question is how this message should be understood. The second problem concerns the differences between the three manuals. If their common goal is firm historical knowledge, are there any major differences of opinion? The answer given in this article is yes, and the ground is sought in their theories of truth. (shrink)