Contract law doctrines can be ranged along various spectra. One of these spectra runs from the static to the dynamic. A contract law doctrine lies at the static pole of this spectrum if its application turns entirely on what occurred at the moment in time when a contract was formed. A contract law doctrine lies at the dynamic pole if its application turns in significant part on a moving stream of events that precede, follow, or constitute the formation of a (...) contract. Another spectrum runs from the binary to the multifaceted. Contract law doctrines are binary if they organize the experience within their scope into only two categories. Contract law doctrines are multifaceted if they organize the experience within their scope into several categories, including one or more intermediate categories. Classical contract law was a rigid, rather than a supple, instrument. Its rules were often responsive to neither the actual objectives of the parties, the actual facts and circumstances of the partiesâ transaction, nor the dynamic character of contracts. Instead, the rules of classical contract law were centered on a single moment in time, the moment of contract formation. accordingly, classical contract law doctrines were almost wholly static and also tended to be binary. The twentieth century witnessed the development of a modern contract law that has largely overthrown classical contract law. This overthrow has occurred in two ways. To begin with, in many cases modern contract law has reversed or fundamentally modified the rules of classical contract law. More important than the overthrow of specific rules of classical contract law, however, has been the overthrow of the deep structure of classical contract law. Where classical contract law had an overriding preference for rules that were objective and standardized, modern contract law has been highly flexible in adopting rules that are individualized and even subjective. Where classical contract law rules were typically binary, modern contract law rules are often multifaceted. Finally, where classical contract law was largely static, modern contact law is, in large part, dynamic. So, for example, static rules of interpretation have been replaced by dynamic rules that take into account events before and after the moment of contract formation; the static legal-duty rule has withered almost completely away, to be largely replaced by a dynamic modification regime that takes into account the value of ongoing reciprocity; a static judicial review of liquidated damages provisions is giving way to a dynamic review that takes account of the actual loss; and static offer-and-acceptance rules have been replaced by dynamic rules, such as the duty to negotiate in good faith. (shrink)

The main thesis of this dissertation is that John Dewey's conception of philosophy began and culminated with his concern about the problem of truth. It is asserted here that Dewey's mature conception of philosophy and his notion of truth may be quite profitable for resolving some of our more recent contemporary philosophical problems. To clarify his mature thoughts about philosophy and truth, this study surveys the stages of Dewey's development during his long life-time of ninety-three years. ;Using a general approach, (...) I trace the historical progression of his thinking and try to show the relevance of his conceptions of philosophy and truth to our contemporary problems. In doing so, I attempt to elucidate the terminological difficulties that he encountered with language while trying to communicate his own concept of philosophy and his notion of truth. Moreover, I examine criteria that may be used to judge Dewey's work in the field of philosophy in the Western tradition. Under the headings of Early, Middle and Later years, I provide a triadic survey of his life-work, focusing on his academic and religious views. My reflections try to provide information concerning the biological, semiotic, and psycholinguistic basis of his perspective, as it eventually evolved into a form of pragmatic naturalism. ;In concluding, I highlight Dewey's belief that the business of philosophy should deal with cultural problems. Focusing on the implications of his matured position, I try to show the importance of his perspective for solving some critical issues of our own time. A careful examination of his logic indicates that open-minded and honest communication must be the keystone to understanding his view. Therefore, I endeavor to illustrate the value of Dewey's mature concept of philosophy and his notion of truth for addressing some of our pressing problems in a practical manner. (shrink)

In this paper, I will identify two problems of trust in an AI-relevant context: a theoretical problem and a practical one. I will identify and address a number of skeptical challenges to an AI-relevant theory of trust. In addition, I will identify what I shall term the ‘scope challenge’, which I take to hold for any AI-relevant theory of trust that purports to be representationally adequate to the multifarious forms of trust and AI. Thereafter, I will suggest how trust-engineering, a (...) position that is intermediate between the modified pure rational-choice account and an account that gives rise to trustworthy AI, might allow us to address the practical problem of trust, before identifying and critically evaluating two candidate trust-engineering approaches. (shrink)

The purpose of this essay is to both discuss commands as a species of speech act and to discuss commands within the broader framework of how they are used and ...

Keine ausführliche Beschreibung für "Die mitmenschlichen Begegnungen in der Milieuwelt" verfügbar.

The paper presents and defends a Bayesian theory of trust in social networks. In the first part of the paper, we provide justifications for the basic assumptions behind the model, and we give reasons for thinking that the model has plausible consequences for certain kinds of communication. In the second part of the paper we investigate the phenomenon of overconfidence. Many psychological studies have found that people think they are more reliable than they actually are. Using a simulation environment that (...) has been developed in order to make our model computationally tractable we show that in our model inquirers are indeed sometimes better off from an epistemic perspective overestimating the reliability of their own inquiries. We also show, by contrast, that people are rarely better off overestimating the reliability of others. On the basis of these observations we formulate a novel hypothesis about the value of overconfidence. (shrink)

According to the Argument from Disagreement (AD) widespread and persistent disagreement on ethical issues indicates that our moral opinions are not influenced by moral facts, either because there are no such facts or because there are such facts but they fail to influence our moral opinions. In an innovative paper, Gustafsson and Peterson (Synthese, published online 16 October, 2010) study the argument by means of computer simulation of opinion dynamics, relying on the well-known model of Hegselmann and Krause (J Artif (...) Soc Soc Simul 5(3):1–33, 2002; J Artif Soc Soc Simul 9(3):1–28, 2006). Their simulations indicate that if our moral opinions were influenced at least slightly by moral facts, we would quickly have reached consensus, even if our moral opinions were also affected by additional factors such as false authorities, external political shifts and random processes. Gustafsson and Peterson conclude that since no such consensus has been reached in real life, the simulation gives us increased reason to take seriously the AD. Our main claim in this paper is that these results are not as robust as Gustafsson and Peterson seem to think they are. If we run similar simulations in the alternative Laputa simulation environment developed by Angere and Olsson (Angere, Synthese, forthcoming and Olsson, Episteme 8(2):127–143, 2011) considerably less support for the AD is forthcoming. (shrink)

This article draws together two works created in late fifteenth-century Mantua. Although radically different in kind, they were borne from the same acts of violence: Andrea Mantegna’s Madonna of Victory and a responsum about Jewish religious law by Rabbi Joseph Colon. Mantegna’s altarpiece, painted to commemorate the bloody battle of Fornova as a Gonzaga victory, was paid for by Daniele Norsa; Norsa, a Jewish banker, was accused of destroying a prior Christian icon and ordered to finance the new altarpiece as (...) reparations for this crime, under threat of death. Colon’s responsum addressed the permissibility of creating a Christian image under duress—idolatry being one of the sins for which a Jew must sacrifice their life rather than transgressing. We explore the remarkable artistry and distinct craft practiced by the painter and the rabbi—image making in the one case, legal reasoning in the other—as modes of describing, interpreting, and creating reality. Both works address problems of religion and idolatry, faith and coercion, victory and violence, and triumph and lament. Together they reveal the dynamics of a fascinating iconoclash, a conflict of culture waged over the struggle between making and breaking images. (shrink)

This is a thorough treatment of first-order modal logic. The book covers such issues as quantification, equality (including a treatment of Frege's morning star/evening star puzzle), the notion of existence, non-rigid constants and function symbols, predicate abstraction, the distinction between nonexistence and nondesignation, and definite descriptions, borrowing from both Fregean and Russellian paradigms.

According to the traditional Bayesian view of credence, its structure is that of precise probability, its objects are descriptive propositions about the empirical world, and its dynamics are given by conditionalization. Each of the three essays that make up this thesis deals with a different variation on this traditional picture. The first variation replaces precise probability with sets of probabilities. The resulting imprecise Bayesianism is sometimes motivated on the grounds that our beliefs should not be more precise than the evidence (...) calls for. One known problem for this evidentially motivated imprecise view is that in certain cases, our imprecise credence in a particular proposition will remain the same no matter how much evidence we receive. In the first essay I argue that the problem is much more general than has been appreciated so far, and that it’s difficult to avoid without compromising the initial evidentialist motivation. The second variation replaces descriptive claims with moral claims as the objects of credence. I consider three standard arguments for probabilism with respect to descriptive uncertainty—representation theorem arguments, Dutch book arguments, and accuracy arguments—in order to examine whether such arguments can also be used to establish probabilism with respect to moral uncertainty. In the second essay, I argue that by and large they can, with some caveats. First, I don’t examine whether these arguments can be given sound non-cognitivist readings, and any conclusions therefore only hold conditional on cognitivism. Second, decision-theoretic representation theorems are found to be less convincing in the moral case, because there they implausibly commit us to thinking that intertheoretic comparisons of value are always possible. Third and finally, certain considerations may lead one to think that imprecise probabilism provides a more plausible model of moral epistemology. The third variation considers whether, in addition to conditionalization, agents may also change their minds by becoming aware of propositions they had not previously entertained, and therefore not previously assigned any probability. More specifically, I argue that if we wish to make room for reflective equilibrium in a probabilistic moral epistemology, we must allow for awareness growth. In the third essay, I sketch the outline of such a Bayesian account of reflective equilibrium. Given that this account gives a central place to awareness growth, and that the rationality constraints on belief change by awareness growth are much weaker than those on belief change by conditionalization, it follows that the rationality constraints on the credences of agents who are seeking reflective equilibrium are correspondingly weaker. (shrink)

The phenomenon of base-rate neglect has elicited much debate. One arena of debate concerns how people make judgments under conditions of uncertainty. Another more controversial arena concerns human rationality. In this target article, we attempt to unpack the perspectives in the literature on both kinds of issues and evaluate their ability to explain existing data and their conceptual coherence. From this evaluation we conclude that the best account of the data should be framed in terms of a dual-process model of (...) judgment, which attributes base-rate neglect to associative judgment strategies that fail to adequately represent the set structure of the problem. Base-rate neglect is reduced when problems are presented in a format that affords accurate representation in terms of nested sets of individuals. (shrink)

In this chapter, I argue that the field of cultural evolution can usefully inform attempts to understand and influence the long-term future. First, I provide an overview of cultural evolution, covering what it means for culture to evolve, the mechanisms by which it happens, the crucial importance of cumulative cultural evolution for hunan history, and how cultural evolution (and in particular intergroup competition) has driven the rise of large-scale cooperation. Second, I draw out some possible lessons from cultural evolution for (...) thinking about the long-term future. In particular, I suggest we should be careful not to prematurely ”lock in” certain values or other cultural features, and instead aim for a society open to variation and competition. I also consider whether the future will bring greater selection pressure for particular kinds of values, such as patience. (shrink)

_The Undiscovered Dewey_ explores the profound influence of evolution and its corresponding ideas of contingency and uncertainty on John Dewey's philosophy of action, particularly its argument that inquiry proceeds from the uncertainty of human activity. Dewey separated the meaningfulness of inquiry from a larger metaphysical story concerning the certainty of human progress. He then connected this thread to the way in which our reflective capacities aid us in improving our lives. Dewey therefore launched a new understanding of the modern self (...) that encouraged intervention in social and natural environments but which nonetheless demanded courage and humility because of the intimate relationship between action and uncertainty. Melvin L. Rogers explicitly connects Dewey's theory of inquiry to his religious, moral, and political philosophy. He argues that, contrary to common belief, Dewey sought a place for religious commitment within a democratic society sensitive to modern pluralism. Against those who regard Dewey as indifferent to moral conflict, Rogers points to Dewey's appreciation for the incommensurability of our ethical commitments. His deep respect for modern pluralism, argues Rogers, led Dewey to articulate a negotiation between experts and the public so that power did not lapse into domination. Exhibiting an abiding faith in the reflective and contestable character of inquiry, Dewey strongly engaged with the complexity of our religious, moral, and political lives. (shrink)

This book contains new essays in honor of Melvin J. Lerner, a pioneer in the psychological study of justice. The contributors to this volume are internationally renowned scholars from psychology, business, and law. They examine the role of justice motivation in a wide variety of contexts, including workplace violence, affirmative action programs, helping or harming innocent victims and how people react to their own fate. Contributors explore fundamental issues such as whether people's interest in justice is motivated by self-interest (...) or a genuine concern for the welfare of others, when and why people feel a need to punish transgressors, how a concern for justice emerges during the development of societies and individuals, and the relation of justice motivation to moral motivation. How an understanding of justice motivation can contribute to the amelioration of major social problems is also examined. (shrink)

Contrary to the received understanding that Francisco de Vitoria and Francisco Suárez ruled out religious war by grounding just cause in natural law, they supported a robust view of papal authority for war when necessary for the defense of the church against heretics, schismatics, and pagans as well as for the spread of Christianity and Christendom throughout the world. They believed that religious wars were in accord with natural law as a means to its fulfillment in Christianity, as a justification (...) for the defense of the church as the one true faith, and as a moral obligation to provide all of humanity with the opportunity to receive Christian truth and grace. The neo‐Thomists' vigorous support for religious war was in the mainstream of the Christian just war tradition from the time of the wars against pagans in the early middle ages through their own time. This finding and the continuation into the modern era of sanctified patriotism stemming from the mixing of church and state especially during war that began in early Middle Ages, along with the historic roots of the recently prominent presumption against war, argue for a more complex understanding of the normative Christian just war tradition than that found among supporters of the classic interpretation of that tradition. (shrink)

“A foreign culture is not revealed in its entirety and its depth except by its view of another culture […] A meaning is revealed in its depth for having encountered and come into contact with another meaning, a foreign meaning: between the two something like a dialogue is installed which because of the closed and onesided nature, inherent in the meaning and culture taken alone […]The dialogue of the meeting of two cultures does not bring about their fusion, their confusion—each (...) of them keeps its own unity and open totality, but they are mutually enriched.”Mikhail M. BakhtiniThe dialogue that we contemporary historians try to have with past cultures is at the same time imperceptibly the beginning of a dialogue with coming generations. The historian of culture in fact has a double and heavy responsibility. On the one hand, his mission is to “resuscitate” the past. His period requires him to do justice to the culture of vanished peoples, to bring life to their thoughts and feelings, even though he knows that a complete and adequate reconstruction of their spiritual universe is only an ideal, a utopia of the scholar. It is in this sense that each scientific reconstruction can only be a modern reconstruction. (shrink)

Many principles of eukaryotic DNA replication and its relationship to transcription have been revealed by studying the replication of animal virus chromosomes. Now microinjection of viral DNA into eggs and embryos is providing clues about regulation of chromosomal replication and transcription during early mammalian development.

This volume argues that the commitment to justice is a fundamental motive and that, although it is typically portrayed as serving self-interest, it sometimes takes priority over self-interest. To make this case, the authors discuss the way justice emerges as a personal contract in children's development; review a wide range of research studying the influences of the justice motive on evaluative, emotional and behavioral responses; and detail common experiences that illustrate the impact of the justice motive. Through an extensive critique (...) of the research on which some alternative models of justice are based, the authors present a model that describes the ways in which motives of justice and self-interest are integrated in people's lives. They close with a discussion of some positive and negative consequences of the commitment to justice. (shrink)

How might we philosophize about the metaverse? It is traditionally held that the four main branches of philosophy are metaphysics, epistemology, axiology, and logic. In this article, I shall demonstrate how virtual walt-fictionalism, a particular version of virtual irrealism, is able to offer a straightforward, internally consistent, and powerful response about the metaphysics, epistemology, and axiology (ethics) of the metaverse. I will first characterize the metaverse in terms of a reality-virtuality (RV) continuum and distinguish between virtual realism and virtual irrealism, (...) before elaborating on the explanatory power and potential of virtual walt-fictionalism relative to the metaphysics, epistemology, and axiology (ethics) of the metaverse. (shrink)

We wish here to consider the theory of a population or system made up of individuals whose number and size change with time. As usual, the description of these changes will be referred to as the kinetics, whereas the description of the special circumstances under which unchanging conditions subsist will be called the statics of the population. A third category, the conditions for a steady state, i.e., when the variables inside the system do not change, but linked variables outside do, (...) will be described by what we shall call the rheostatics of the system. All three, statics, rheostatics, and kinetics are subdivisions of the general dynamics of the system. (shrink)

Reevaluates the ideas of the German general, shows how his writings have been misinterpreted, and applies Clausewitzian theory to twentieth century political history.

The new economy is characterized in the developing world by open capital markets and coordinated international regulation - neither of which existed in the colonial period.

1. Although a number of personality variables have been identified by various authors as the determinants of religious behavior, independent of specific religious denomination, the results of the studies under consideration certainly appear to be inconsistent with such claims. It is suggested instead that the personality correlates of religious behavior vary with the specific religious denomination. 2. For most people religious belief and religious observance are acquired or learned in the socialization process. In a culture in which there is no (...) social pressure to conform in relation to religious behavior , individual differences in adult religious behavior may be a result of certain personality differences. In the Israeli Jewish sample a number of personality variables were found to covary with religious belief and/or observance. Religious belief and observance, however, were also highly significant sources of variance in subjects' values. These value differences probably influence the what and how of the socialization process which in turn may be responsible for some-although probably not all-of the personality variables associated with religious behavior. 3. In cultures which are characterized by strong social pressure in relation to religious conformity, e. g. the culture represented by our United States Protestant sample, the religious behavior of many individuals will be a result of their need to conform rather than other personality variables directly related to their religious behavior as such. Thus in the United States Protestant sample conformity and variables associated with it were the only significant sources of variance in subjects' religious behavior. The results of our studies indicate the importance of differentiating between religious belief and observance which is merely the result of social conformity and religious belief and observance which is also the result of other variables which are more directly related to religious behavior as such. Presently we are in the process of constructing instruments to measure these two types of religious behavior. 4. Finally, it is suggested that in trying to discover the determinants of individual differences in religious behavior there has been too much emphasis on motivational variables and not enough on environmental factors. A social learning model may be the best suited for the investigation of the sources of individual differences in religious behavior. (shrink)

Interoception in the broader sense refers to the perception of internal states, including the perception of the actual state of the internal organs and the motor system. Dimensions of interoception include interoceptive accuracy, i.e., the ability to sense internal changes assessed with behavioral tests, confidence rating with respect to perceived performance in an actual behavioral test, and interoceptive sensibility, i.e., the self-reported generalized ability to perceive body changes. The relationship between dimension of cardioceptive and proprioceptive modalities and their association with (...) affect are scarcely studied. In the present study, undergraduate students filled out questionnaires assessing positive and negative affect, interoceptive sensibility, and body competence. Following this, they completed a behavioral task assessing cardioceptive accuracy and two tasks assessing proprioceptive accuracy with respect to the tension of arm flexor muscles and the angular position of the elbow joint. Confidence ratings were measured with visual analog scales after the tasks. With the exception of a weak association between cardioceptive accuracy and the respective confidence rating, no associations between and within modalities were found with respect to various dimensions of interoception. Further, the interoceptive dimensions were not associated with state and trait positive and negative affect and perceived body competence. In summary, interoceptive accuracy scores do not substantially contribute to conscious representations of cardioceptive and proprioceptive ability. Within our data, non-pathological affective states are not associated with the major dimensions of interoception for the cardiac and proprioceptive modalities. (shrink)

Investigations with electrometers in the 1770s led Volta to envision mobile charge in electrical conductors as a compressible fluid. A pressure-like condition in this fluid, which Volta described as the fluid’s “effort to push itself out” of its conducting container, was the causal agent that makes the fluid move. In this paper I discuss Volta’s use of analogy and imagery in model building, and compare with a successful contemporary conceptual approach to introducing ideas about electric potential in instruction. The concept (...) that today is called “electric potential” was defined mathematically by Poisson in 1811. It was understood after about 1850 to predict the same results in conducting matter as Volta’s pressure-like concept—and to predict electrostatic effects in the exterior space where Volta’s concept had nothing to say. Complete quantification in addition to greater generality made the mathematical concept a superior research tool for scientists. However, its spreading use in instruction has marginalized approaches to model building based on the analogy and imagery resources that students bring into the classroom. Data from pre and post testing in high schools show greater conceptual and confidence gains using the new conceptual approach than using conventional instruction. This provides evidence for reviving Volta’s compressible fluid model as an intuitive foundation which can then be modified to include electrostatic distant action. Volta tried to modify his compressible fluid model to include distant action, using imagery borrowed from distant heating by a flame. This project remained incomplete, because he did not envision an external field mediating the heating. However, pursuing Volta’s strategy of model modification to completion now enables students taught with the new conceptual approach to add distant action to an initial compressible fluid model. I suggest that a partial correspondence to the evolving model sequence that works for beginning students can help illuminate Volta’s use of intermediate explanatory models. (shrink)