Ex aequo et bono compensations refer to tribunal’s compensations that cannot be determined exactly according to the rule of law, in which case the judge relies on an estimate that seems fair for the case at hand. Such cases are prone to legal uncertainty, given the subjectivity that is inherent to the concept of fairness. We show how basic principles from statistics and machine learning may be used to reduce legal uncertainty in ex aequo et bono judicial decisions. For a (...) given type of ex aequo et bono dispute, we consider two general stages in estimating the compensation. First, the stage where there is significant disagreement among judges as to which compensation is fair. In that case, we let judges rule on such disputes, while a machine tracks a certain measure of the relative differences of the granted compensations. In the second stage that measure, which expresses the degree of legal uncertainty, has dropped below a predefined threshold. From then on legal decisions on the quantity of the ex aequo et bono compensation for the considered type of dispute may be replaced by the average of previous compensations. The main consequence is that this type of dispute is, from this stage on, free of legal uncertainty. (shrink)

In this dissertation, I argue that Kierkegaard's relationship to the mystical tradition is misconstrued in the secondary literature, and that a fuller account of his attitude toward mysticism reveals a more appreciative stance toward it, which in turn reveals a more mystical religious dialectic. To that end, in the first chapter, I give an account of what is taken to be Kierkegaard's anti-mysticism, and then show that the resources in other signed sources, like Kierkegaard's Journals and Papers, allow us to (...) see that Kierkegaard dislikes what he calls mysticism, but what he calls mysticism is not what contemporary scholarship believes it to be. Accordingly, Kierkegaard himself could be a mystic on some definitions of that term. ;The three chapters that immediately follow are devoted to explicating Kierkegaard's religious dialectic in such a way as to show that mystical themes pervade the work. In the second chapter, I argue that the nothingness of the self is a necessary condition, according to Kierkegaard, for any wholeness that the self might acquire. Further, in the third chapter, I argue that Kierkegaard's conception of God permits a rich notion of union with God . In the fourth chapter, I explain that Works of Love picks up where the pseudonyms left off, and articulates the union with God where such union is at once loving action, for God is love. ;In the final chapter, I conclude by showing that Kierkegaard has marked structural similarities to mystics such as Eckhart, who is warmly received by the Japanese philosophical tradition, particularly in the writings of its Zen and Pure Land Buddhist representatives. I then go on to show that Kierkegaard's writings are a fruitful source for comparative philosophy of religion, for while Kierkegaardians can also learn from the writings of these Japanese thinkers, Kierkegaard's writings can provide responses to many objections that are commonly leveled against both Kierkegaard's thought in particular and Christian philosophy in general. (shrink)

Although contemporary powers metaphysics largely understands itself as a metaphysical realist undertaking, recently powers have come to the surface also within an idealist context. This paper aims to characterize and motivate an absolute idealist conception of powers. I compare realist and idealist powers metaphysics in their respective responses to Humean scepticism concerning powers, thereby motivating the claim that the very idea of a power is actually best understood as an idealist idea. I continue to characterize the absolute idealist’s understanding of (...) power, for which it is necessary to see that the content of her power notion is inseparable from the way in which she arrives at that notion. I close with a brief reflection on the absolute idealist’s understanding of the power of thought, which is where idealist and realist powers metaphysics diverge most radically. (shrink)

There is an influential conception of intentional agency in terms of just beliefs and desires. And there is an equally influential conception that adds intentions as separate ingredients. It remains disputed whether adding intentions is really necessary, and what difference that addition exactly makes. I argue that adding intentions is required, but only because and insofar as it makes room for a distinctively practical kind of reasoning. I critically consider Bratman's main considerations in support of adding intentions, viz., conduct-control, inertia, (...) and input for practical reasoning, and argue that a desire-belief theorist can easily accommodate those. I then reconsider all three Bratmanian considerations in order to establish a more fundamental difference in terms of a robust notion of practical reasoning. Such a difference can be found if we place Bratman's considerations in the light of Sebastian Rödl's idea of a measure or order of practical reasoning. (shrink)

Vaccination can protect vaccinated individuals and often also prevent them from spreading disease to other people. This opens up the possibility of getting vaccinated for the sake of others. In fact, altruistic vaccination has recently been conceptualized as a kind of vaccination that is undertaken primary for the benefit of others. In order to better understand the potential role of altruistic motives in people’s vaccination decisions, we conducted two focus group studies with a total of 37 participants. Study 1 included (...) three focus groups on the subject of HPV vaccination for boys. Study 2 included three focus groups on the subject of pertussis and measles vaccination for childcare workers. We found substantial evidence of other-regarding motives across all focus groups, which suggests that altruistic motives could be an important factor when it comes to people’s vaccination decisions. We address the significance of these findings for vaccination policy surrounding HPV vaccination for boys and vaccination for childcare workers. We also extend the findings to normative work on vaccination for the sake of others more generally. (shrink)

Frege taught us how to understand one form of predication: an atemporal one. There is also a different, temporal form of predication, which I briefly introduce. Accordingly, there are two fundamentally different approaches to time: a reductive one, aiming to account for time in terms of Frege’s atemporal predication, and a non-reductive one, insisting that the temporal form of predication is sui generis, and that time is to be understood in its terms. I do not directly argue for or against (...) reductionism in this paper. Rather, by evaluating the debates on endurantism–perdurantism, A-theory–B-theory, and presentism–eternalism, I argue that these debates, although aiming to be fundamental, largely boil down to mere quarrels between alternative reductive approaches. We should take notice of this fact and reorient ourselves within the debate on time accordingly: the real issue is whether we should reduce or not. I briefly sketch in what sense endurantism, A-theory, and presentism may be developed on a properly anti-reductionist basis. (shrink)

In this paper I consider Kierkegaard’s pseudonymous attack on natural theology with respect to how it lines up with Catholic thought on that topic. I argue that Kierkegaard’s recently shown similarities to accounts of basic beliefs raise an interesting question when a Catholic hybrid of basic beliefs and natural theology, which I develop in the paper, is considered. Kierkegaard does not attack what we might call natural reason, or a natural awareness of God’s existence, only natural theology’s demonstrative capabilities, and (...) his reasons for doing the latter, in our current epistemological climate, are shown to be mistaken. (shrink)

Both behavioral ecological and social anthropological analyses of polygynous marriage tend to emphasize the importance of competition among men in acquisition of mates, whereas the strategic options to women both prior to and after the establishment of a marriage have been neglected. Focusing on African marriage systems that are in some senses analogous to resource-defense polygyny, I first review the evidence of reproductive costs of polygyny to women. Then I discuss why the conflict of interests between men and women over (...) mate number is often likely to be settled in favor of men. Using East African ethnographic data I examine the strategic responses of women and their families to polygynous marriage, focusing on four topics: mate choice (Kipsigis), attitudes toward incoming wives (Kipsigis), labor allocation and cooperation (comparative data, Kipsigis), and use of parental wealth (Datoga). The results of these quantitative analyses suggest that through a combination of judicious marriage choice and strategic responses within marriage, polygyny need not be costly to women in resource-defense polygynous systems. The conclusion is that a hierarchy of questions need to be addressed in the analysis of any polygynous marriage system. (shrink)

This chapter traces the main lines of Kierkegaard's debt to, and usage of, the Church Fathers. The most significant points of contact concern issues of the Incarnation, sin, and grace, and where the Fathers exhibit an understanding of the rigor of the Christian life and where Kierkegaard believes they compromise with the world. Kierkegaard's most significant engagement with individual Fathers tends to be with Tertullian and Augustine, though he sees something to admire, and often something to criticize, in most major (...) Fathers. (shrink)

Prolonging working hours and presenteeism have been conceptualized as self-endangering coping behaviors in employees, which are related to health impairment. Drawing upon the self-regulation of behavior model, the goal achievement process, and Warr's vitamin model, we examined the antecedents and moderation effects regarding quantitative demands, autonomy, emotion regulation, and self-motivation competence of university students' self-endangering coping behaviors. Results from a cross-sectional survey of 3,546 German university students indicate that quantitative demands are positively related and autonomy has a u-shape connection with (...) self-endangering coping. Emotion regulation was shown to be a protective factor for prolonging working hours. Moreover, self-motivation moderated the relationship between quantitative demands and prolonging of working hours, but not in the assumed direction. Self-motivation showed a systematic positive relationship with prolonging of working hours, but no relationship with presenteeism. Autonomy moderated the relationship of quantitative demands with both self-endangering behaviors. We found no moderating effects for emotion regulation of quantitative demands or autonomy and self-endangering behaviors. Besides further practical implications, the results suggest that lecturers should design their courses accordingly with less time pressure and university students should be trained in the use of autonomy. (shrink)

Life poses a threat to materialism. To understand the phenomena of animate nature, we make use of a teleological form of explanation that is peculiar to biology, of explanations in terms of what I call the ‘vital categories’ – and this holds even for accounts of underlying physico-chemical ‘mechanisms’. The materialist claims that this teleological form of explanation does not capture what is metaphysically fundamental, whereas her preferred physical form of explanation does. In this essay, I do three things. (1) (...) I argue that the ‘vital categories’, such as life form and life-process, do not reduce to the ‘physical categories’ and show that there are no grounds for the materialist's metaphysically limiting claim; (2) I sketch a positive view on how vital and physical explanations can both apply to a given phenomenon, and on how they interrelate; and (3) I show that this view meshes nicely with evolutionary theory, despite being committed to a form of ‘biological essentialism’. (shrink)

Notoriously, the Einstein equations of general relativity have solutions in which closed timelike curves occur. On these curves time loops back onto itself, which has exotic consequences: for example, traveling back into one's own past becomes possible. However, in order to make time travel stories consistent constraints have to be satisfied, which prevents seemingly ordinary and plausible processes from occurring. This, and several other "unphysical" features, have motivated many authors to exclude solutions with CTCs from consideration, e.g. by conjecturing a (...) chronology protection law. In this contribution we shall investigate the nature of one particular class of exotic consequences of CTCs, namely those involving unexpected cases of indeterminism or determinism. Indeterminism arises even against the backdrop of the usual deterministic physical theories when CTCs do not cross spacelike hypersurfaces outside of a limited CTC-region|such hypersurfaces fail to be Cauchy surfaces. We shall compare this CTC-indeterminism with four other types of indeterminism that have been discussed in the philosophy of physics literature: quantum indeterminism, the indeterminism of the hole argument, non-uniqueness of solutions of differential equations and lack of predictability due to insuffcient data. By contrast, a certain kind of determinism appears to arise when an indeterministic theory is applied on a CTC: things cannot be different from what they already were. Again we shall make comparisons, this time with other cases of determination in physics. We shall argue that on further consideration both this indeterminism and determinism on CTCs turn out to possess analogues in other, familiar areas of physics. CTC- indeterminism is close to the epistemological indeterminism we know from statistical physics, while the "fixedness" typical of CTC-determinism is pervasive in physics. CTC- determinism and CTC-indeterminism therefore do not provide incontrovertible grounds for rejecting CTCs as conceptually inadmissible. (shrink)

There have been and continue to be disagreements about how to consider the traditional square of opposition and the traditional inferences of obversion, conversion, contraposition and inversion from the perspective of contemporary quantificational logic. Philosophers have made many different attempts to save traditional inferences that are invalid when they involve empty classes. I survey some of these attempts and argue that the only satisfactory way of saving all the traditional inferences is to make the existential assumption that both the subject (...) and predicate classes and their complement classes are non-empty for all the propositions we admit. I briefly indicate the room for continued controversy over how properly to interpret Aristotle?s statements regarding these inferences, but find some plausibility in the views of Manley Thompson and A.N.Prior that Aristotle had in mind a particular arrangement of existential import unfamiliar to most contemporary logicians. (shrink)

In her seminal essay ‘Causality and Determination’, Elizabeth Anscombe very decidedly announced that “physical indeterminism” is “indispensable if we are to make anything of the claim to freedom”. But it is clear from that same essay that she extends the scope of that claim beyond freedom–she suggests that indeterminism is required already for animal self-movement. Building on Anscombe’s conception of causality and determinism, I will suggest that it extends even further: life as such already requires physical indeterminism. Furthermore, I show (...) that we can, on this basis, arrive at the idea of varieties of determinism, along with a corresponding variety of incompatibilist theses. From this Anscombean vantage point, the free will discussion takes on a quite different outlook. The question whether free agency can coexist with determinism on the level of blind physical forces, which preoccupies the philosopher of free will, turns out to conflate a whole series of compatibility questions: not just whether life is compatible with physical determinism, but also whether animal self-movement is compatible with ‘biological determinism’, and whether free agency is compatible with ‘animal determinism’. (shrink)

Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors (...) show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women's studies. (shrink)

It is surprisingly hard to define presentism. Traditional definitions of the view, in terms of tensed existence statements, have turned out not to to be capable of convincingly distinguishing presentism from eternalism. Picking up on a recent proposal by Tallant, I suggest that we need to locate the break between eternalism and presentism on a much more fundamental level. The problem is that presentists have tried to express their view within a framework that is inherently eternalist. I call that framework (...) the Fregean nexus, as it is defined by Frege’s atemporal understanding of predication. In particular, I show that the tense-logical understanding of tense which is treated as common ground in the debate rests on this very same Fregean nexus, and is thus inadequate for a proper definition of presentism. I contrast the Fregean nexus with what I call the original temporal nexus, which is based on an alternative, inherently temporal form of predication. Finally, I propose to define presentism in terms of the original temporal nexus, yielding original presentism. According to original presentism, temporal propositions are distinguished from atemporal ones not by aspects of their content, as they are on views based on the Fregean nexus, but by their form—in particular, by their form of predication. (shrink)

Humeans take reality to be devoid of ‘necessary connections’: things just happen. Laws of nature are to be understood in terms of what ‘just happens’, not vice versa. Here the Humean needs some conception of what it is that ‘just happens’ – a conception of the Humean mosaic. Lewis’s Humeanism incorporates such a conception in the form of a Lewis-style metaphysics of objects, properties, and modality. Newer versions of Humeanism about laws of nature, such as the Better Best Systems approach, (...) typically reject such a Lewisian metaphysics, but it remains unclear what they can offer in its place. By exploring different candidate conceptions, this paper sheds light on the limits of Humeanism about laws of nature: not all conceptions of the Humean mosaic form a suitable basis for a Humean theory of laws. In fact, only a metaphysics roughly in line with Lewis’s will do. The paper ends with a tentative generalization of this result, thus pointing to the ‘limit’ of Humeanism in general: taking the Humean way of thinking to its limit results in a rejection of the whole idea of such a mosaic – and hence of Humean mosaic-based accounts of anything. (shrink)

Living together peacefully in a world of differences asks for a practice of respecting the irreducible difference of the other. Acknowledging this `not-me' of the other subject generates an in-between: a space/time between subjects that cannot be transgressed other than by violence. Following Irigaray, I argue that this `in-between' comes about through the passion of wonder, a being touched in the flesh in the encounter with the other, which opens the subject to him/herself and to the other. To perceive this (...) touch asks for a life-style directed at keeping open and sensitizing the sensibilities of the senses, so that the subject's aesthesis or awareness for the perceptions of the sensible flesh and of its reactions to the other is heightened. Key-element in this aesthetics is the practice of breathing. It enables the subject to remain rooted in him/or herself and open to the other: generating and respecting the in-between between them. (shrink)

In this paper I argue that racism’s subtle and insidious reach should lead us to prefer an account of religious experience that is capable of reckoning with that reach, an account that, I shall argue, appears in the work of St. John of the Cross. The paper begins with an analysis of race and racism and the way in which the latter can have existential and even spiritual effects. The argument is then applied particularly to white people and the deleterious (...) effects racism has on their intellects, wills, and even memories, not merely inwardly but also as a result of what Charles Mills famously calls an epistemology of ignorance. Notably, intellect, will, and memory are the key sites for union in St. John’s discussion. In the last main section, I discuss how progress in the mystical life can be hindered by racism’s effects even while it is possible for there to be “touches of union” on the way. Another result of this inquiry is that it shows how a widely-used schema, such as St. John’s, will require spiritual aspirants to deal with racism, both in themselves and in the world. (shrink)

Over time, there has been a steady increase of workplace health promotion programs that aim to promote employees’ health and fitness. Previous research has focused on such program’s effectiveness, cost-savings, and barriers to engaging in workplace health promotion. The present research focuses on a downside of workplace health promotion programs that to date has not been examined before, namely the possibility that they, due to a focus on individual responsibility for one’s health, inadvertently facilitate stigmatization and discrimination of people with (...) overweight in the workplace. Study 1 shows that the presence of workplace health promotion programs is associated with increased attributions of weight controllability. Study 2 experimentally demonstrates that workplace health promotion programs emphasizing individual rather than organizational responsibility elicit weight stigma. Study 3, which was pre-registered, showed that workplace health promotion programs emphasizing individual responsibility induced weight-based discrimination in the context of promotion decisions in the workplace. Moreover, focusing on people with obesity who frequently experience weight stigma and discrimination, Study 3 showed that workplace health promotion programs highlighting individual responsibility induced employees with obesity to feel individually responsible for their health, but at the same time made them perceive weight as less controllable. Together, our research identifies workplace health promotion programs as potent catalysts of weight stigma and weight-based discrimination, especially when they emphasize individual responsibility for health outcomes. As such, we offer valuable insights for organizations who aim to design and implement workplace health promotion programs in an inclusive, non-discriminatory way that benefits all employees. (shrink)