This paper explores two main methods, employed for the analysis of regulatory law, empirical and systems-theoretical approaches. These two approaches are often portrayed in the literature as very different, mainly for two reasons. First, it is contended by some authors that systems-theoretical approaches—in contrast to empirical approaches—do not see a role for individuals in shaping social reality and regulatory law as one aspect of it. This paper, however, claims that systems-theoretical accounts do provide for human agency while empirical accounts have (...) limitations in their analysis of the role of ‘real individuals’ in shaping regulatory law. The paper argues that both empirical and systems-theoretical approaches need to provide a deeper analysis of the notion of ‘the individual’. This requires taking into account how ‘feeling rules’ influence the management of emotions. Secondly, empirical and systems-theoretical approaches are portrayed as distinct because they are considered as employing different methodologies. While systems theory involves speculative grand theory, empirical approaches are based on specific techniques of empirical data collection and analysis. This paper argues, however, that systems-theoretical ideas on how knowledge about the social world can be generated are close to qualitative empirical approaches, which stress the relativity and subjectivity of the meaning systems of the particular actors studied. (shrink)

Zusammenfassung Sexualisierte Gewalt gehört zu den lang tabuisierten Themen unserer Gesellschaft. Die in jüngster Zeit bekannt gewordenen Fälle von sexualisierter Gewalt in pädagogischen Institutionen werden im vorliegenden Beitrag zum Anlass genommen, den Fragen nachzugehen, was bislang über sexualisierte Gewalt im Sport bekannt ist und welche Strukturen und Prozesse gerade in Organisationen des Sports zu sexualisierter Gewalt und ihrer Verdeckung beitragen können. Dazu wird sowohl der Forschungsstand über sexualisierte Gewalt im Sport und in pädagogischen Institutionen herangezogen, als auch ein durch qualitative (...) Forschung generiertes Fallbeispiel von Machtmissbrauch und sexualisierter Gewalt im Kontext des Sports rekonstruiert und analysiert. (shrink)

Hannah Arendts Philosophie des Politischen ist in der zweiten Hälfte des 20. Jahrhunderts zum Klassiker avanciert. Ihr emphatischer Begriff des Politischen wird in der Sozialphilosophie und in der politischen Theorie kontrovers debattiert. In jüngster Vergangenheit ist auch in der politischen Bildung eine deutliche Zunahme der Arendt Rezeption zu verzeichnen, in der auf ganz unterschiedliche Weise auf ihre Schriften Bezug genommen wird. Die Autorinnen und Autoren dieses Bandes nehmen dies zum Anlass, bildungspolitische Zugänge und Lektüren von Hannah Arendts Schriften zu präsentieren, (...) um damit ihren grundlagentheoretischen Beitrag zur politischen Bildung zu erfassen. Mit Beiträgen von Fred Dewey, Jerome Kohn, Wolfgang Heuer, Ingo Juchler, Dirk Lange, Bettina Lösch, Helgard Mahrdt, Waltraud Meints-Stender, Ingeborg Nordmann, Tonio Oeftering und Elisabeth Young-Bruehl. (shrink)

Not all scientific explanations work by describing causal connections between events or the world's overall causal structure. In addition, mathematicians regard some proofs as explaining why the theorems being proved do in fact hold. This book proposes new philosophical accounts of many kinds of non-causal explanations in science and mathematics.

Gibt es einen spezifisch "linken" Kitsch in Abgrenzung zu politisch "rechtem"? Dieser vernachlässigten, für das Verständnis "linken Denkens" seit der Französischen Revolution aber wichtigen Frage gehen die Beiträge dieses Bandes nach.0Gezeigt wird, dass "linkes" Denken aus ganz anderen Gründen kitschanfällig ist als sein "rechtes" Pendant, auch wenn die Pathosformeln sich mitunter frappierend ähneln. Denn während rechte Ideologien den Veränderungsdruck der Moderne kompensieren, streben linke eher danach, ihn nach dem Motto "Mehr desselben" zu überbieten. Dieses Phänomen »linker Kitsch± nimmt der Band (...) in historischer und theoretischer Hinsicht anhand von sprachlichen, bildlichen und filmischen Beispielen in den Blick, sodass es in seinem konstitutiv transmedialen Charakter zur Geltung kommt. (shrink)

Our view is that fundamental appetitive and defensive motivation systems evolved to mediate a complex array of adaptive behaviors that support the organism’s drive to survive—defending against threat and securing resources. Activation of these motive systems engages processes that facilitate attention allocation, information intake, sympathetic arousal, and, depending on context, will prompt tactical actions that can be directed either toward or away from the strategic goal, whether defensively or appetitively determined. Research from our laboratory that measures autonomic, central, and somatic (...) reactions when processing emotional scenes is described which indicates that motivationally relevant cues, whether appetitive or defensive, capture attention preferentially, prompt enhanced perceptual processing and information gathering, and occasion metabolic arousal that mobilizes the organism for coping actions. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

Beauchamp and Childress’ definition of autonomous decision‐making includes the conditions of intentionality, understanding, and non‐control. In genetics, however, a relational conception of autonomy has been increasingly recognized. This article aims to empirically assess aspects of social influence in genetic testing decision‐making and to connect these with principlist and relational theories of autonomy. We interviewed 18 adult genetic counsellees without capacity issues considering predictive genetic testing for cancer predisposition for themselves and two counselling physicians in Switzerland. We conducted a qualitative analysis, (...) building on a grounded theory study about predictive genetic testing decision‐making. We found that some participants agreed to predictive genetic testing predominantly because relatives wanted them to do it, with some even acting contrary to their own convictions. Others, in contrast, based their decision on purely individualistic reasons but expressed difficulties in explaining their decision to their social environment. Healthcare professionals had a critical influence on decision‐making in many cases without being manipulative, as perceived by counsellees. Still, cases of coercion and social pressure occurred within social relationships. In conclusion, predictive genetic testing decision‐making includes relational and individualistic aspects, and both are compatible with autonomous decision‐making. While the principlist and relational notions of autonomy compete on a theoretical level, they are two sides of the same coin when used as analytical lenses for genetic testing decision‐making. Social acceptance of refusal of testing should be improved to mitigate social pressure. Individuals should be encouraged to decide for themselves how much their social environment influences their decision regarding predictive genetic testing. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates for (...) constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

Although lie detection procedures have been fundamentally criticized since their inception at the beginning of the 20th century, they are still in use around the world. In addition, they have created some remarkable appeal in the context of counterterrorism policies. Thereby, the links between science and fiction in this topic are quite tight and by no means arbitrary: In the progressive narrative of the lie detection devices, there is a promise of changing society for the better, which is entangled in (...) a fictional narrative provided by many cinematic and literary examples. By drawing on the concept of “diegetic technologies” formulated by David Kirby, we want to highlight the role of science fictional narratives in the historical development and current application of lie detection procedures. We therefore aim to use this conceptual frame to analyze the role of prevention-oriented mind reading procedures, which are developed for or already used in the “war on terror” with reference to their fictional predecessors. One virulent factor has to be highlighted in this context: The fictional engagement with possible new lie detection practices is in itself creating a legitimating ground for future security technologies. (shrink)

As sophisticated artificial intelligence software becomes more ubiquitously and more intimately integrated within domains of traditionally human endeavor, many are raising questions over how responsibility (be it moral, legal, or causal) can be understood for an AI’s actions or influence on an outcome. So called “responsibility gaps” occur whenever there exists an apparent chasm in the ordinary attribution of moral blame or responsibility when an AI automates physical or cognitive labor otherwise performed by human beings and commits an error. Healthcare (...) administration is an industry ripe for responsibility gaps produced by these kinds of AI. The moral stakes of healthcare are often life and death, and the demand for reducing clinical uncertainty while standardizing care incentivizes the development and integration of AI diagnosticians and prognosticators. In this paper, we argue that (1) responsibility gaps are generated by “black box” healthcare AI, (2) the presence of responsibility gaps (if unaddressed) creates serious moral problems, (3) a suitable solution is for relevant stakeholders to voluntarily responsibilize the gaps, taking on some moral responsibility for things they are not, strictly speaking, blameworthy for, and (4) should this solution be taken, black box healthcare AI will be permissible in the provision of healthcare. (shrink)

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both (...) of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system. (shrink)

A vital step to successfully orienting Deleuze with biosemiotics (and theories of biological complexity overall) is to discover a coherent scientific throughline in his work that also accounts for the aesthetic/creative dimension of his philosophy. This requires the heterodox move (from a Deleuzean point of view) of giving priority to the organism. I argue that Deleuze’s treatment of the organism does more than signal a superficial relation to biological complexity theory that, as a result of his nuanced take on the (...) matter, undermines the value of the organic body to his system. Instead, we can recognize a working theory of autopoiesis in the early Deleuze that scaffolds as well as substantiates his later ethological and biosemiotic observations and reveals a definite, albeit minimal, notion of subjectivity in his work. Most importantly, reorienting his logic of sense as a logic of sense-making, or the context-dependent signification between system and environment (Thompson, 2007), allows us to begin the work of mining a scientific throughline in Deleuze’s work akin to biological complexity theory that is of value to both Deleuze studies and biosemiotics. (shrink)

The differences between the "habits of the heart" in German and U.S.-American corporations can be described by analyzing the way corporations deal with norms and values within their organizations. Whereas many U.S. corporations have introduced formal business ethics programs, German companies are very reluctant to address normative questions publicly. This can be explained by the different cultural backgrounds in both countries. By defining these different "habits of the heart" underlying German and American business ethics it is possible to show the (...) problems and questions within the intercultural management of values, but also the possible solutions. (shrink)

BackgroundWhereas the majority of bereaved persons recover from their grief without professional assistance, a minority develops pathological grief reactions. Etiological models postulate that dysfunctional cognitions may perpetuate such reactions. The Grief Cognitions Questionnaire assesses thoughts after bereavement in nine interrelated domains. A short form with four domains is often used. However, an evaluation of the psychometric properties of the GCQ-SF and its utility compared to the GCQ is lacking and these instruments have not been validated in German.MethodGerman bereaved persons responded (...) to an online survey containing the GCQ, measures of grief severity, grief rumination, symptoms of depression and anxiety, and optimism and pessimism. 585 participants were included. Item analyses and confirmatory factor analyses were conducted. Correlations between the GCQ and GCQ-SF and grief rumination, optimism and pessimism assessed construct validity. Criterion-related validity was assessed by comparing whether the correlation of the GCQ with grief severity was higher than with anxious and depressive symptoms. Logistic regression and receiver-operator characteristics compared the questionnaires on their ability to predict probable prolonged grief ‘caseness’.ResultsInternal consistencies for both questionnaires were identical and excellent. Confirmatory factor analyses obtained a satisfactory fit for models with nine and four correlated subscales and respective higher-order factor models. The GCQ and the GCQ-SF correlated higher with grief severity than with other measures of psychopathology. The logistic regression showed a significant association between the GCQ-SF and prolonged grief ‘caseness’. Of the remaining subscales of the GCQ, only one subscale contributed to the prediction. The ROC analyses showed nearly identical areas under the curve.ConclusionThe translated GCQ and GCQ-SF demonstrated very good psychometric properties. The correlations with grief severity highlight the questionnaires’ clinical relevance. The questionnaires possessed identical diagnostic specificity and sensitivity. Whenever a timesaving assessment of the most typical grief-specific cognitions is important, the GCQ-SF represents an alternative to the GCQ. The original GCQ may still be superior when a more detailed description of a bereaved person’s cognitions is desirable. (shrink)

The term ‘locked-in’ syndrome (LIS) describes a medical condition in which persons concerned are severely paralyzed and at the same time fully conscious and awake. The resulting anarthria makes it impossible for these patients to naturally communicate, which results in diagnostic as well as serious practical and ethical problems. Therefore, developing alternative, muscle-independent communication means is of prime importance. Such communication means can be realized via brain–computer interfaces (BCIs) circumventing the muscular system by using brain signals associated with preserved cognitive, (...) sensory, and emotional brain functions. Primarily, BCIs based on electrophysiological measures have been developed and applied with remarkable success. Recently, also blood flow–based neuroimaging methods, such as functional magnetic resonance imaging (fMRI) and functional near-infrared spectroscopy (fNIRS), have been explored in this context. After reviewing recent literature on the development of especially hemodynamically based BCIs, we introduce a highly reliable and easy-to-apply communication procedure that enables untrained participants to motor-independently and relatively effortlessly answer multiple-choice questions based on intentionally generated single-trial fMRI signals that can be decoded online. Our technique takes advantage of the participants’ capability to voluntarily influence certain spatio-temporal aspects of the blood oxygenation level–dependent (BOLD) signal: source location (by using different mental tasks), signal onset and offset. We show that healthy participants are capable of hemodynamically encoding at least four distinct information units on a single-trial level without extensive pretraining and with little effort. Moreover, realtime data analysis based on simple multi-filter correlations allows for automated answer decoding with a high accuracy (94.9%) demonstrating the robustness of the presented method.. (shrink)

Goal-setting theory states that challenging, specific, and concrete goals (i.e., subordinate goals) are powerful motivators and boost performance in goal pursuit more than vague or abstract goals (i.e., superordinate goals). Goal-setting theory predominantly focuses on single, short-term goals and less on broad, long-term challenges. This review article extends goal-setting theory and argues that superordinate goals also fulfill a crucial role in motivating behavior, particularly when addressing broad, long-term challenges. The purpose of this article is to show theoretically that people pursue (...) long-term goals more successfully when they focus on subordinate and superordinate goals simultaneously than when they focus on either subordinate or superordinate goals alone. (shrink)

This article is concerned with Klee’s belief that ‘intuition’ is indispensable to the artistic and scientific understanding of natural processes and laws of nature. Examples of his pictorial practice are discussed which derive from the as yet for the most part unpublished and little studied writings from the period at the Bauhaus. Taking the methodologically diverse literature about Klee into account, this paper tries to understand Klee’s ‘scientism’ in the cultural and theoretical context of his time.Keywords: Intuition; Genius; E. T. (...) A. Hoffmann; Wilhelm Worringer. (shrink)

The essays that Jill Stauffer and Bettina Bergo collect in this volume locate multiple affinities between the philosophies of Nietzsche and Levinas. Both philosophers question the nature of subjectivity and the meaning of responsibility after the "death of God." While Nietzsche poses the dilemmas of a self without a ground and of ethics at a time of cultural upheaval and demystification, Levinas wrestles with subjectivity and the sheer possibility of ethics after the Shoah. Both argue that goodness exists independently (...) of calculative reason—for Nietzsche, goodness arises in a creative act moving beyond reaction and ressentiment; Levinas argues that goodness occurs in a spontaneous response to another person. In a world at once without God and haunted by multiple divinities, Nietzsche and Levinas reject transcendental foundations for politics and work toward an alternative vision encompassing a positive sense of creation, a complex fraternity or friendship, and rival notions of responsibility. Stauffer and Bergo group arguments around the following debates, which are far from settled: What is the reevaluation of ethics (and life) that Nietzsche and Levinas propose, and what does this imply for politics and sociality? What is a human subject—and what are substance, permanence, causality, and identity, whether social or ethical—in the wake of the demise of God as the highest being and the foundation of what is stable in existence? Finally, how can a "God" still inhabit philosophy, and what sort of name is this in the thought of Nietzsche and Levinas? (shrink)

Was ist Wurde? Konnen auch nichtmenschliche Tiere Wurde haben? Bettina Huber geht diesen Fragen nach, indem sie sich mit verschiedenen Auffassungen von Wurde befasst und davon ausgehend genauer auf das Verstandnis von Wurde als einer Haltung eingeht: Uber Wurde als Haltung zu verfugen bedeutet, mit dem eigenen Selbstbild in Ubereinstimmung zu leben. Die Autorin zeigt, inwiefern bestimmte nichtmenschliche Tiere die notwendigen Fahigkeiten besitzen, um ein Selbstbild zu entwickeln und damit ubereinzustimmen. Anschliessend beschaftigt sie sich mit den Bedingungen, die fur (...) ein Leben in Wurde erfullt sein mussen. Am Ende geht es um ein konkretes Beispiel, namlich warum Grossaquarien Delfinen ein Leben in Wurde nicht ermoglichen konnen - und in bestimmten Fallen eine Wurdeverletzung oder gar eine Demutigung vorliegt. (shrink)

This article explores how historians of emotions and historians of the senses can collaborate to write a history of emotional experience that takes seriously the corporeality of emotions. It invest...

L’auteure retrace les controverses qui ont émaillé l’histoire du principe de précaution en France dans les trente dernières années après son adoption au niveau international et européen. Elle montre que le principe de précaution constitue une dimension nouvelle de la rationalité adaptée aux défis de la société contemporaine.

(1981). Differing national orientations toward the future: A comparative examination of societal characteristics and public opinion∗. World Futures: Vol. 17, No. 3-4, pp. 157-194.

Background The Liverpool Care Pathway is an interdisciplinary protocol, aiming to ensure that dying patients receive dignified and individualized treatment and care at the end-of-life. LCP was originally developed in 1997 in the United Kingdom from a model of cancer care successfully established in hospices. It has since been introduced in many countries, including Norway. The method was withdrawn in the UK in 2013. This review investigates whether LCP has been adapted and validated for use in nursing homes and for (...) dying people with dementia. Methods This systematic review is based on a systematic literature search of MEDLINE, CINAHL, EMBASE, and Web of Science. Results The search identified 12 studies, but none describing an evidence-based adaption of LCP to nursing home patients and people with dementia. No studies described the LCP implementation procedure, including strategies for discontinuation of medications, procedures for nutrition and hydration, or the testing of such procedures in nursing homes. No effect studies addressing the assessment and treatment of pain and symptoms that include dying nursing home patients and people with dementia are available. Conclusion LCP has not been adapted to nursing home patients and people with dementia. Current evidence, i.e. studies investigating the validity and reliability in clinically relevant settings, is too limited for the LCP procedure to be recommended for the population at hand. There is a need to develop good practice in palliative medicine, Advance Care Planning, and disease-specific recommendations for people with dementia. (shrink)