: The paper discusses the contribution that the neuroscience of action can offer to the legal understanding of action control and responsibility in the case of adult individuals. In particular, we address the issues that follow. What are the cognitive capacities that agents must display in order to be held liable to punishment in criminal law? Is the legal model of liability to punishment compatible with a scientifically informed understanding of voluntary behaviour? To what extent should the law take into (...) account people’s subjective feelings about their own actions? As a result of our analyses, we indicate some areas where the contribution of the neuroscience of action to the law is potentially relevant. We focus on the subjectivity mechanisms of action control, specifically the requirement that the agent must violate the law voluntarily in order to be held responsible, and on the factors that modulate the wrongdoer’s experience of agency. Overall, we advocate more cross-disciplinary work, aimed to bridge the gap between conceptual boundaries, on the theme of responsibility for actions. Keywords : Responsibility; Neurolaw; Sense of Agency; Criminal Law; Criminal Liability La responsabilità tra neuroscienza e diritto penale. La componente di controllo dell’imputabilità penale Riassunto : L’articolo discute il contributo che la neuroscienza dell’azione può offrire ai temi del controllo dell’azione e della responsabilità in ambito legale, nel caso degli individui adulti. In particolare, ci occuperemo delle questioni che seguono. Quali sono le abilità cognitive che un agente deve possedere per esser considerato penalmente responsabile e quindi punibile? Il modello legalistico della responsabilità è compatibile con il modello scientifico-naturalistico del comportamento umano? Fino a che punto variazioni nel senso di controllo soggettivo sulle azioni dovrebbero essere considerate un parametro rilevante in sede penale? Sulla scorta della nostra analisi, indicheremo alcune aree nelle quali il contributo della neuroscienza dell’azione a questioni legate al tema della responsabilità legale potrebbe rivelarsi rilevante. L’articolo si concentra sui meccanismi che regolano il senso soggettivo di controllo dell’azione – in particolare il requisito secondo il quale l’agente deve violare la legge volontariamente per essere ritenuto responsabile –, e sui fattori che modulano il senso di agentività del colpevole. In conclusione, difenderemo l’appropriatezza di una più ampia riflessione multi-disciplinare volta a ridurre le incompatibilità fra differenti approcci al tema della responsabilità per le nostre azioni. Parole chiave : Responsabilità; Neurodiritto; Senso di agentività; Diritto penale; Imputabilità penale. (shrink)

Confronted with mounting pressure to ensure accountability vis-à-vis customers, citizens and beneficiaries, organizational leaders need to decide how to choose and implement so-called accountability standards. Yet while looking for an appropriate standard, they often base their decisions on cost-benefit calculations, thus neglecting other important spheres of influence pertaining to more broadly defined stakeholder interests. We argue in this paper that, as a part of the strategic decision for a certain standard, management needs to identify and act according to the needs (...) of all stakeholders. We contend that the creation of a dialogical understanding among affected stakeholders cannot be a mere outcome of applying certain accountability standards, but rather must be a necessary precondition for their use. This requires a stakeholder dialogue prior to making a choice. We outline such a discursive decision framework for accountability standards based on the Habermasian concept of communicative action and, in the final section, apply our conceptual framework to one of the most prominent accountability tools (AA 1000). (shrink)

Health care in the United States, being a microcosm of the broader society in which it developed, possesses a sordid legacy concerning racial prejudices, biases, and the perpetuation of health and...

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 2 Seiten: 302-336.

The tree-property and its variants make sense also for directed sets and even for partially ordered sets. A combinatoria approach is developed here, with characterizations and criteria involving adequate families of special substructures of directed sets. These substructures form a natural hierarchy that is also investigated.

The notion of “ramifiability” , usually applied to cardinals, can be extended to directed sets and is put in relation here with familiar “large cardinal” properties.

Pragmatic language competence plays a central role in how aviation flight crews perform crew resource management ; this competence significantly affects aviation safety. This paper contributes to existing literature on interventionist applications of conversation analysis by defining and evaluating a novel collaborative transcription and repair based learning method for aviation CRM learning. CTRBL was evaluated using a quantitative quasi-­experimental repeated-measure design with 42 novice, university pilots. Results support that CTRBL is an effective, low-resource CRM learning method that will benefit from (...) exploratory applications and further study in pragmatics, aviation, and other sociotechnical domains. The views in this article were the result of independent research of the authors. Views herein do not necessarily represent the views of the National Transportation Safety Board or the United States. (shrink)

This book offers a comprehensive account of Kant's theory of freedom and his moral anthropology. The point of departure is the apparent conflict between three claims to which Kant is committed: that human beings are transcendentally free, that moral anthropology studies the empirical influences on human beings, and that more anthropology is morally relevant. Frierson shows why this conflict is only apparent. He draws on Kant's transcendental idealism and his theory of the will and describes how empirical influences can affect (...) the empirical expression of one's will in a way that is morally significant but still consistent with Kant's concept of freedom. As a work which integrates Kant's anthropology with his philosophy as a whole, this book will be an unusually important source of study for all Kant scholars and advanced students of Kant. (shrink)

Berichte zur Wissenschaftsgeschichte, EarlyView.

Some interpreters claim Kant distinguishes between organisms and living things. I argue that this claim is underdetermined by the textual evidence. Once this is recognized, it becomes a real possibility that Kant’s various remarks about the essential properties of living things generalize to organisms as such. This, in turn, generates a puzzle. Kant repeatedly claims that the capacity for representation is essential to the nature of a living thing. If he does not distinguish between living things and organisms, then how (...) might the capacity for representation be essential to the latter? Drawing on the writings of Kant and his contemporaries, I reconstruct a framework within which representational capacities might conceivably be thought to play this role. On this view, what distinguishes an organism from mechanically explicable products of nature is its capacity for endogenous behavior that is instinctual and representationally mediated. (shrink)

Central to the contemporary dispute over 'naturalizing epistemology' is the question of the continuity of epistemology with science, i.e., how far purely descriptive, psychological matters can or should inform the traditional evaluative epistemological enterprise. Thus all parties tend to agree that the distinction between psychology and epistemology corresponds to a firm fact/value distinction. This is something Reid denies with respect to the first principles of common sense: while insisting on the continuity of epistemology with the rest of science, he does (...) not wish to derive an 'ought' from an 'is', nor to reduce the epistemological to the psychological. His view is that the first principles are constitutive principles, hence that they are simultaneously descriptive and prescriptive, and thus that with regard to them there is in this sense simply no fact/value gap to be bridged. (shrink)

Innovative therapy is the name we give to novel medical interventions, radically different from the standard of care, provided in order to benefit a patient, rather than to acquire new knowledge. They are paradigmshifting, not incremental, responses to serious patient problems that standard medical care inadequately addresses. Innovative therapies are often devised by clinicians, not basic science researchers; they do not follow the linear model of basic research, to translation, to clinical research, to application. Instead, they come from thinking backwards (...) from the patient’s circumstances, and forward from deep knowledge of how the body functions, to challenge the limits of current mechanisms for effecting cures. (shrink)

The author argues for the importance of non-Markovian causality in the social sciences because Markovian conditions often cannot be satisfied. Two theorems giving conditions for non-Markovian causes to be transitive are proved. Applications of non-Markovian causality in psychology and economics are outlined.

Experimental research by social and cognitive psychologists has established that cooperative groups solve a wide range of problems better than individuals. Cooperative problem solving groups of scientific researchers, auditors, financial analysts, air crash investigators, and forensic art experts are increasingly important in our complex and interdependent society. This comprehensive textbook--the first of its kind in decades--presents important theories and experimental research about group problem solving. The book focuses on tasks that have demonstrably correct solutions within mathematical, logical, scientific, or verbal (...) systems, including algebra problems, analogies, vocabulary, and logical reasoning problems.The book explores basic concepts in group problem solving, social combination models, group memory, group ability and world knowledge tasks, rule induction problems, letters-to-numbers problems, evidence for positive group-to-individual transfer, and social choice theory. The conclusion proposes ten generalizations that are supported by the theory and research on group problem solving. Group Problem Solving is an essential resource for decision-making research in social and cognitive psychology, but also extremely relevant to multidisciplinary and multicultural problem-solving teams in organizational behavior, business administration, management, and behavioral economics. (shrink)

It has been argued that St. Thomas Aquinas’s anthropological views fall prey to the problem of “Too Many Thinkers.” The worry, roughly, is that his views entail that I—a human person—am able to think, but that my soul—which is not a human person—is also able to think. Hence, too many thinkers: there are too many ofus having my thoughts. In this paper, I show why this is not a problem for St. Thomas. Along the way, I also address Peter Unger’s (...) argument for substance dualism. (shrink)

Buscar nexos entre o pensamento de Rousseau e Tocqueville é facilitado porque o próprio Tocqueville afirma que Rousseau foi um dos autores que mais influenciou seu pensamento. Influência, contudo, não significa concordância; e, ser um dos que mais o influenciou não significa uma única influência; razões que tornam nossa tarefa de buscar compreender os nexos entre um e outro mais instigante. Nosso esforço, neste artigo, recairá sobre a compreensão da concepção de democracia em cada um dos autores e, neste sentido, (...) buscaremos evidenciar as características fundamentais que Rousseau, por um lado, e Tocqueville, por outro, atribuem à democracia. Em seguida, com base naquelas características apresentadas, investigaremos possíveis influências do pensamento rousseauísta sobre a concepção tocquevilleana, a fim de elucidar convergências e divergências entre os autores. (shrink)

This paper is concerned with topological set theory, and particularly with Skala's and Manakos' systems for which we give a topological characterization of the models. This enables us to answer natural questions about those theories, reviewing previous results and proving new ones. One of these shows that Skala's set theory is in a sense compatible with any ‘normal’ set theory, and another appears on the semantic side as a ‘Cantor theorem’ for the category of Alexandroff spaces.

Some claim Kant’s commitment to the explanatory priority of judgments over concepts is one of his most important contributions to the philosophy of mind. There is, however, extensive disagreement over the nature and extent of this commitment. Existing interpretations ignore a substantial body of textual evidence and offer no account of the origins of Kant’s view. This paper corrects for these deficiencies. I explain, first, the relevant accounts of concept possession Kant encountered in the writings of his predecessors; and, second, (...) how within this context he first expressed a commitment to the view that conceptual content is explanatorily dependent on acts of judgment. I then argue that Kant endorsed a second form of discursive primacy, namely, the view that every use of a concept in conscious thought about an object has the form of a judgment. (shrink)

From the standpoint of a Christian philosopher, heeding the teaching and exhortations of Pope John Paul II and previous popes, I examine three directions in which the recent philosophical debate has developed. In the last seven or eight years there has been 1) a renewed focus on the biological issue of when a human individual comes to be, 2) new arguments for the proposition that personhood is a characteristic acquired after birth, and 3) refinements of the early argument of Judith (...) Thomson. Replying to these developments, I defend, on philosophical grounds, the pro-life position. I argue that a distinct, whole (though immature) human individual comes to be at conception, that he or she is a person, with full moral worth, from the moment he or she comes to be, and the mothers and fathers have a special responsibility to their children which entails (at least) that they ought not to choose to abort them. I conclude by briefly indicating, from the standpoint of Christian faith, why Christian philosophers should vigorously pursue this debate. (shrink)

While the subjective experience of insight during problem solving is a common occurrence, an understanding of the processes leading to solution remains relatively uncertain. The goal of this study was to investigate the restructuring patterns underlying solution of a creative problem, and how providing cues to solution may alter the process. Results show that both providing cues to solution and analyzing problem solving performance on an aggregate level may result in restructuring patterns that appear incremental. Analysis of performance on an (...) individual level provides evidence for insight-like solution patterns. However, no evidence is found for a relationship between an individual’s restructuring pattern and their subjective experience of insight during problem solving. (shrink)

After a short history of the Akademie-Ausgabe der Werke Immanuel Kants, it is shown that the edition is incomplete in some essential parts: The central topic of the first part of the article is the Opus postumum. Here we have a new critical transcription which differs not only in the composition but even in many details. The second project is focused on Nachschriften of Kant’s lectures on Physische Geographie. The three volumes will show that Kant continually actualized the material for (...) this complex area of problems, for which he presented the outlines of a new academic discipline . The other central topic is the new edition of the three Critiques. The second part of the article demonstrates principle steps of critical editing using the example of Kant’s third Critique, the Critique of Judgment. (shrink)

Para Tocqueville, a igualdade e a liberdade são ambas necessárias à existência de um estado democrático.No presente artigo,tentaremos provar que a realização da liberdade em um tal estado,no pensamento de Tockeville, está intrinsicamente ligada à virtude dos cidadãos.

Nosso propósito é tematizar um possível vínculo entre a natureza e a sociedade a partir da análise do sentimento espontâneo de piedade ou comiseração.

Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...) find any moral distinction between the permissible punishment of the guilty and the permissible punishment of the innocent in extreme circumstances, therefore undermining one the key pillars of its intuitive appeal. I canvass several ways to respond to this problem, arguing that a rights forfeiture theory which employs the distinction between rights forfeiture and rights infringement is the best solution. (shrink)

We recorded participants' eye movements while they read sentences containing verb‐phrase coordination. Results showed evidence of immediate processing disruption when a reflexive pronoun embedded in the conjoined verb phrase mismatched the sentence subject. We argue that this result is incompatible with models of human parsing that employ only bottom‐up parsing procedures, even when flexible constituency is employed. Models need to incorporate a mechanism similar to the adjoining operation in Tree‐Adjoining Grammar, in which one structure is inserted into another.

The present paper revisits the debate between realists about gravitational energy in GR and anti-realists/eliminativists. I re-assess the arguments underpinning Hoefer’s seminal eliminativist stance, and those of their realist detractors’ responses. A more circumspect reading of the former is proffered that discloses where the so far not fully appreciated, real challenges lie for realism about gravitational energy. I subsequently turn to Lam and Read’s recent proposals for such a realism. Their arguments are critically examined. Special attention is devoted to the (...) adequacy of Read’s appeals to functionalism, imported from the philosophy of mind. (shrink)

Die Studie handelt von Nietzsches ursprünglicher Fragestellung, Sie geht von Nietzsches Satz in der vorrede zur Genealogie der Moral "Was habe ich mit Widerlegungen zu schaffen!" aus und zeigt, wie er zu verstehen ist. Nietzsche verschiebt sowohl die Fragestellung wie die Methode des Philosophierens: von der traditionellen Frage nach der Wahrheit über die Frage nach den Werten , nach der décadence, der Moral und der Rangordnung zur Frage nach der Kultur und zur Aufgabe der "Züchtung" im Sinne einer "Erhöhung der (...) Kultur". Diese Aufgabe ist das zweite Strukturmoment von Nietzches Denken neben der Genealogie.Diese bereitet die "Erhöhung der Kultur" nur vor.The purpose of this study is to identify the original problem which organizes the whole of Nietzsche's reflection. Starting from the statement, "what have I to do with refutations!" and the analysis of its meaning, it shows that Nietzsche imposes a mutation on both the problem of philosophy and its method; he dismisses the traditional question of truth and replaces it with the problem of culture, of which the questions of values , of morals, of décadence or hierarchy are particular aspects. Consequently, the task he assigns to the philosopher is that of Züchtung, which is to be understood as "the enhancement of culture". This task appears therefore as the second dimension of Nietzsche's reflection, in addition to geneology, which merely prepares the "enhancement of culture". (shrink)

The importance of enchancing metacognition and encouraging active learning in philosophy teaching has been increasingly recognised in recent years. Yet traditional teaching methods have not always centralised helping students to become reflectively and critically aware of the quality and consistency of their own thinking. This is particularly relevant when teaching moral philosophy, where apparently inconsistent intuitions and responses are common. In this paper I discuss the theoretical basis of the relevance of metacognition and active learning for teaching moral philosophy. Applying (...) recent discussions of metacognition, intuition conflicts and survey-based teaching techniques, I then outline a strategy for encouraging metacognitive awareness of tensions in students’ pretheoretical beliefs, and developing a critical self-awareness of their development as moral thinkers. (shrink)

Scheduling surgical procedures among operating rooms is mistakenly regarded as merely a tedious administrative task. However, the growing demand for surgical care and finite hours in a day qualify OR time as a limited resource. Accordingly, the objective of this manuscript is to reframe the process of OR scheduling as an ethical dilemma of allocating scarce medical resources. Recommendations for ethical allocation of OR time—based on both familiar and novel ethical values—are provided for healthcare institutions and individual surgeons.

There is a consensus among interpreters that Kant denies non-human animals possess discursive abilities but that he ascribes to them conscious representations in some more primitive sense. I argue this latter interpretive claim is not justified by the textual evidence. There is in Kant’s early published writings and unpublished remarks extensive evidence that he denies animals possess conscious representations. I examine this material in detail. I explain the competing view of Georg Friedrich Meier (1718-1777), at which some of Kant’s early (...) remarks are directed. I then explain Kant’s denial of animal consciousness with reference to his early views on the relation between faculty psychology, the capacity for judgment, and consciousness. Corroborating evidence for Kant’s denial of animal consciousness occurs in remarks in the student lecture notes that span thirty years. I explain why the strongest textual evidence to which interpreters have typically appealed is inadequate for ascribing to Kant a commitment to animal consciousness. This paper helps clarify the interpretive challenges for those who wish to claim the Critical Kant ascribes consciousness to animals. (shrink)

First of all, I agree with much of what F.A. Muller says in his article ‘Reflections on the revolution in Stanford’. And where I differ, the difference is on the decision of what direction of further development represents the best choice for the philosophy of science. I list my remarks as a sequence of topics.