The growing use of automated decision-making (ADM) systems in the public sector and the need to control these has raised many legal questions in academic research and in policymaking. One of the timely means of legal control is accountability, which traditionally includes the ability to impose sanctions on the violator as one dimension. Even though many risks regarding the use of ADM have been noted and there is a common will to promote the safety of these systems, the relevance of (...) the safety research has been discussed little in this context. In this article, I evaluate regulating accountability over the use of ADM in the public sector in relation to the findings of safety research. I conducted the study by focusing on ongoing regulatory projects regarding ADM, the Finnish ADM legislation draft and the EU proposal for the AI Act. The critical question raised in the article is what the role of sanctions is. I ask if official accountability could mean more of an opportunity to learn from mistakes, share knowledge and compensate for harm instead of control via sanctions. (shrink)

We introduce a new approach to the model theory of metric structures by defining the notion of a metric abstract elementary class (MAEC) closely resembling the notion of an abstract elementary class. Further we define the framework of a homogeneous MAEC were we additionally assume the existence of arbitrarily large models, joint embedding, amalgamation, homogeneity and a property which we call the perturbation property. We also assume that the Löwenheim-Skolem number, which in this setting refers to the density character of (...) the set instead of the cardinality, is ${\aleph_0}$ . In these settings we prove an analogue of Morley’s categoricity transfer theorem. We also give concrete examples of homogeneous MAECs. (shrink)

This is Part B of an article that defends non-eliminative structuralism about mathematics by means of a concrete case study: a theory of unlabeled graphs. Part A motivated an understanding of unlabeled graphs as structures sui generis and developed a corresponding axiomatic theory of unlabeled graphs. Part B turns to the philosophical interpretation and assessment of the theory: it points out how the theory avoids well-known problems concerning identity, objecthood, and reference that have been attributed to non-eliminative structuralism. The part (...) concludes by explaining how the theory relates to set theory, and what remains to be accomplished for non-eliminative structuralists. (shrink)

The aim of this paper is to argue for a revised and precisified version of the infamous Verifiability Criterion for the meaningfulness of declarative sentences. The argument is based on independently plausible premises concerning probabilistic confirmation and meaning as context-change potential, it is shown to be logically valid, and its ramifications for potential applications of the criterion are being discussed. Although the paper is not historical but systematic, the criterion thus vindicated will resemble the original one(s) in some important ways. (...) At the same time, it will also be more modest insofar as meaningfulness will turn out to be relativized linguistically and probabilistically, and different choices of the linguistic and probabilistic parameters may lead to different verdicts on meaningfulness. (shrink)

This chapter provides a historical reconstruction of how Alfred Schutz’s American writings were critically engaged by the feminist sociologists Dorothy E. Smith and Patricia Hill Collins. Schutz’s articulation of a phenomenological sociology in relation to, among others, the sociology of Talcott Parsons and the philosophies of science of Ernest Nagel and Carl G. Hempel proved fruitful to Smith in the development of her feminist standpoint theory in her 1987 The Everyday World as Problematic: A Feminist Sociology. Collins likewise draws on (...) Schutz’s writing in the development of her own standpoint theory in her 1986 paper “Learning from the Outsider Within: The Sociological Significance of Black Feminist Thought,” but in a way that addresses some of her own concerns with Smith’s feminist sociology. As I hope to show with the recovery of this underappreciated history, the critical insights of Smith and Collins with regard to the possible uses and limits of phenomenology for feminist theorizing, are still valuable today. (shrink)

This is a review of David Löwenstein’s book "Know-how as Competence. A Rylean Responsibilist Account".

Wodurch zeichnet sich menschliches intelligentes Handeln aus und in welcher Beziehung steht dieses Handeln zum Wissen der handelnden Personen? Diesen Fragen wird im vorliegenden Buch nachgegangen. Praktische Intelligenz wird als Fähigkeit verstanden, im Denken, Handeln und Fühlen durch Standards und Normen geleitet zu werden. Aufbauend auf eine Interpretation von Überlegungen Gilbert Ryles entwickelt Hannes Worthmann einen neuartigen Ansatz, praktische Intelligenz und die Unterscheidung zwischen Wissen-wie und Wissen-dass jenseits verbreiteter intellektualistischer und anti-intellektualistischer Auffassungen verständlich zu machen.

When do children acquire a propositional attitude folk psychology or theory of mind? The orthodox answer to this central question of developmental ToM research had long been that around age 4 children begin to apply “belief” and other propositional attitude concepts. This orthodoxy has recently come under serious attack, though, from two sides: Scoffers complain that it over-estimates children’s early competence and claim that a proper understanding of propositional attitudes emerges only much later. Boosters criticize the orthodoxy for underestimating early (...) competence and claim that even infants ascribe beliefs. In this paper, the orthodoxy is defended on empirical grounds against these two kinds of attacks. On the basis of new evidence, not only can the two attacks safely be countered, but the orthodox claim can actually be strengthened, corroborated and refined: what emerges around age 4 is an explicit, unified, flexibly conceptual capacity to ascribe propositional attitudes. This unified conceptual capacity contrasts with the less sophisticated, less unified implicit forms of tracking simpler mental states present in ontogeny long before. This refined version of the orthodoxy can thus most plausibly be spelled out in some form of 2-systems-account of theory of mind. (shrink)

Business scholars have recently proposed that the virtue of personal wisdom may predict leadership behaviors and the quality of leader–follower relationships. This study investigated relationships among leaders’ personal wisdom—defined as the integration of advanced cognitive, reflective, and affective personality characteristics (Ardelt, Hum Dev 47:257–285, 2004)—transformational leadership behaviors, and leader–member exchange (LMX) quality. It was hypothesized that leaders’ personal wisdom positively predicts LMX quality and that intellectual stimulation and individualized consideration, two dimensions of transformational leadership, mediate this relationship. Data came from (...) 75 religious leaders and 1–3 employees of each leader (N = 158). Results showed that leaders’ personal wisdom had a positive indirect effect on follower ratings of LMX quality through individualized consideration, even after controlling for Big Five personality traits, emotional intelligence, and narcissism. In contrast, intellectual stimulation and the other two dimensions of transformational leadership (idealized influence and inspirational motivation) did not mediate the positive relationship between leaders’ personal wisdom and LMX quality. Implications for future research on personal wisdom and leadership are discussed, and some tentative suggestions for leadership development are outlined. (shrink)

A rarely considered variety of objectivism in ethics takes the claim to objectivity of scientific and ethical judgments to be completely analogous. I show that this position is challenged by the socalled relativism of distance: Although we can make claims to objectivity in both areas, it is possible that agreement within each area extends to different degrees. A proper understanding of this challenge paves the way for us to make sense of two widely held assumptions: first, that there is objectivity (...) in ethics, and second, that the claim to objectivity in ethics reaches a limit that the sciences can transcend. (shrink)

This article combines the neo-Hegelian theory of recognition with an analysis of social pathologies to show how the populist formulations of political goals in struggles for recognition are – despite their potential positive motivating force – socially pathological. The concept of recognition, combined with the idea of social pathologies, can thus be used to introduce normative considerations into the populism analysis. In this article it is argued that, although populism is useful in the sense that it aims to ameliorate real (...) experienced lack of recognition through fostering political movements, it is also harmful. The simplified populist representations of collective identities are often guilty of essentializing and reifying identities. Furthermore, populist identities are also harmful for the populists themselves as the simplified view is applied also to oneself. This article claims that these dynamics can be understood as an obstruction of discursive identity-formation. From the perspective developed, populism leads to the lack of genuine mutual recognition between those who struggle to get their identities affirmed. (shrink)

Recently, several scholars have argued that scientists can accept scientific claims in a collective process, and that the capacity of scientific groups to form joint acceptances is linked to a functional division of labor between the group members. However, these accounts reveal little about how the cognitive content of the jointly accepted claim is formed, and how group members depend on each other in this process. In this paper, I shall therefore argue that we need to link analyses of joint (...) acceptance with analyses of distributed cognition. To sketch how this can be done, I shall present a detailed case study, and on the basis of the case, analyze the process through which a group of scientists jointly accept a new scientific claim and at a later stage jointly accept to revise previously accepted claims. I shall argue that joint acceptance in science can be established in situations where an overall conceptual structure is jointly accepted by a group of scientists while detailed parts of it are distributed among group members with different areas of expertise, a condition that I shall call a heterogeneous conceptual consensus. Finally, I shall show how a heterogeneous conceptual consensus can work as a constraint against scientific change and address the question how changes may nevertheless occur. (shrink)

This paper argues that the proponents of epistemological scientism must take some stand on scientific methodology. The supporters of scientism cannot simply defer to the social organisation of science because the social processes themselves must meet some methodological criteria. Among such criteria is epistemic evaluability, which demands intersubjective access to reasons. We derive twelve theses outlining some implications of epistemic evaluability. Evaluability can support weak and broad variants of epistemological scientism, which state that sciences, broadly construed, are the best sources (...) of knowledge or some other epistemic goods. Since humanities and social sciences produce epistemically evaluable results, narrow types of scientism that take only natural sciences as sources of knowledge require additional argumentation in their support. Strong scientism, which takes sciences as the only source of knowledge, also needs to appeal to some further principles since evaluability is not an all-or-nothing affair. (shrink)

The literatures on both authentic leadership and behavioral integrity have argued that leader integrity drives follower performance. Yet, despite overlap in conceptualization and mechanisms, no research has investigated how authentic leadership and behavioral integrity relate to one another in driving follower performance. In this study, we propose and test the notion that authentic leadership behavior is an antecedent to perceptions of leader behavioral integrity, which in turn affects follower affective organizational commitment and follower work role performance. Analysis of a survey (...) of 49 teams in the service industry supports the proposition that authentic leadership is related to follower affective organizational commitment, fully mediated through leader behavioral integrity. Next, we found that authentic leadership and leader behavioral integrity are related to follower work role performance, fully mediated through follower affective organizational commitment. These relationships hold when controlling for ethical organizational culture. (shrink)

Pindar's victory songs teem with divinity. By exploring them within the lived religious landscapes of the fifth century BCE, Hanne Eisenfeld demonstrates that they are in fact engaged in theological work. Focusing on a set of mythical figures whose identities blur the boundaries between mortality and immortality, she newly interprets the value of immortality in the epinician corpus. Pindar's depiction of these figures responds to and shapes contemporary religious experience and revalues mortality as a prerequisite for the glory found (...) in victory. The book combines close reading and philological analysis with religious historical approaches to Pindar's songs and his world. It highlights the inextricability of Greek literature and Greek religion, and models a novel approach to Greek lyric poetry at the intersection of these fields. (shrink)

In everyday life we either express our beliefs in all-or-nothing terms or we resort to numerical probabilities: I believe it's going to rain or my chance of winning is one in a million. The Stability of Belief develops a theory of rational belief that allows us to reason with all-or-nothing belief and numerical belief simultaneously.

One of the fundamental problems of epistemology is to say when the evidence in an agent’s possession justifies the beliefs she holds. In this paper and its prequel, we defend the Bayesian solution to this problem by appealing to the following fundamental norm: Accuracy An epistemic agent ought to minimize the inaccuracy of her partial beliefs. In the prequel, we made this norm mathematically precise; in this paper, we derive its consequences. We show that the two core tenets of Bayesianism (...) follow from the norm, while the characteristic claim of the Objectivist Bayesian follows from the norm along with an extra assumption. Finally, we consider Richard Jeffrey’s proposed generalization of conditionalization. We show not only that his rule cannot be derived from the norm, unless the requirement of Rigidity is imposed from the start, but further that the norm reveals it to be illegitimate. We end by deriving an alternative updating rule for those cases in which Jeffrey’s is usually supposed to apply. (shrink)

This article investigates the role of historical references and arguments in the current policy debate on non‐invasive prenatal testing (NIPT) in Germany. It analyses major documents and opinion statements, including the recent parliamentary debate (2019). The implementation of NIPT is accompanied by concerns and strong criticism, particularly in Germany. Many perceive the new test to be a problematic step that facilitates selective practices and is reminiscent of eugenics. Analysis of the German policy discourse shows that ‘eugenics’, and even more strongly, (...) ‘selection’, are pivotal terms for rejecting NIPT and its coverage by public health insurance. They touch on a historical dimension in public deliberation, namely the fundamental distancing from the inhuman practices of the National Socialist period and anything that resembles them. However, using these terms to criticize prenatal genetic testing is controversial, and recent discourse demonstrates their avoidance as well, with many supporters of a limited coverage by public health insurance contrasting their approach with more widespread screening. Here, ‘screening’ has a negative connotation, and functions to demarcate the debate in a way that may reflect distance from certain modes of historical reasoning, but still expresses a special need to reconcile prenatal testing with the principles of dignity, inclusion and diversity. This article aims to elucidate the concerns involved in the national debates on prenatal testing and to increase awareness of the historical dimensions of the language and reasoning with which such methods are negotiated today and in future. (shrink)

This is a précis of my book "Praktische Intelligenz und die Zweiteilung des Wissens" (Metzler/Springer 2019).

This is a response to comments on my book "Praktische Intelligenz und die Zweiteilung des Wissens" by Romy Jaster and Martin Weichold.

Abstract: Focusing on early child pretend play from the perspective of developmental psychology, this article puts forward and presents evidence for two claims. First, such play constitutes an area of remarkable individual intentionality of second-order intentionality (or 'theory of mind'): in pretence with others, young children grasp the basic intentional structure of pretending as a non-serious fictional form of action. Second, early social pretend play embodies shared or collective we-intentionality. Pretending with others is one of the ontogenetically primary instances of (...) truly cooperative actions. And it is a, perhaps the, primordial form of cooperative action with rudimentary rule-governed, institutional structure: in joint pretence games, children are aware that objects collectively get assigned fictional status, 'count as' something, and that this creates a normative space of warranted moves in the game. Developmentally, pretend play might even be a cradle for institutional phenomena more generally. (shrink)

If Wittgenstein's later account of language is applied to music, what seems to follow is a version of musical formalism. This is to say that the meaning of music is constituted by the rules of a given system of music, and the understanding of music is the ability to follow these rules. I argue that, while this view may seem unattractive at the outset, Wittgenstein actually held this view. Moreover, his later notion of a rule gives us resources to answer (...) some of the traditional criticisms directed against formalism. (shrink)

This essay develops a joint theory of rational (all-or-nothing) belief and degrees of belief. The theory is based on three assumptions: the logical closure of rational belief; the axioms of probability for rational degrees of belief; and the so-called Lockean thesis, in which the concepts of rational belief and rational degree of belief figure simultaneously. In spite of what is commonly believed, this essay will show that this combination of principles is satisfiable (and indeed nontrivially so) and that the principles (...) are jointly satisfied if and only if rational belief is equivalent to the assignment of a stably high rational degree of belief. Although the logical closure of belief and the Lockean thesis are attractive postulates in themselves, initially this may seem like a formal “curiosity”; however, as will be argued in the rest of the essay, a very reasonable theory of rational belief can be built around these principles that is not ad hoc and that has various philosophical features that are plausible independently. In particular, this essay shows that the theory allows for a solution to the Lottery Paradox, and it has nice applications to formal epistemology. The price that is to be paid for this theory is a strong dependency of belief on the context, where a context involves both the agent's degree of belief function and the partitioning or individuation of the underlying possibilities. But as this essay argues, that price seems to be affordable. (shrink)

This paper reviews how research on the demarcation problem has developed, starting from Popper’s criterion of falsifiability and ending with recent naturalistically oriented approaches. The main differences between traditional and contemporary approaches to the problem are explicated in terms of six postulates called the traditional assumptions. It is argued that all of the assumptions can be dismissed without giving up on the demarcation problem and that doing so might benefit further discussions on pseudoscience. Four present-day research movements on evaluating the (...) boundaries of science are introduced: (1) philosophy of pseudoscience, (2) social epistemology of dissent, (3) agnotology, and (4) evaluation of expertise. Researchers working within these areas have abandoned some or all traditional assumptions. (shrink)

Several investigations have shown language impairments following electrode implantation surgery for Deep Brain Stimulation (DBS) in movement disorders. The impact of the actual stimulation, however, differs between DBS targets with further deterioration in formal language tests induced by thalamic DBS in contrast to subtle improvement observed in subthalamic DBS. Here, we studied speech samples from interviews with participants treated with DBS of the thalamic ventral intermediate nucleus (VIM) for essential tremor (ET), or the subthalamic nucleus (STN) for Parkinson’s disease (PD), (...) and healthy volunteers (eachn= 13). We analyzed word frequency and the use of open and closed class words. Active DBS increased word frequency in case of VIM, but not STN stimulation. Further, relative to controls, both DBS groups produced fewer open class words. Whereas VIM DBS further decreased the proportion of open class words, it was increased by STN DBS. Thus, VIM DBS favors the use of relatively common words in spontaneous language, compatible with the idea of lexical simplification under thalamic stimulation. The absence or even partial reversal of these effects in patients receiving STN DBS is of interest with respect to biolinguistic concepts suggesting dichotomous thalamic vs. basal ganglia roles in language processing. (shrink)

How do human children come up to carve up and think of the world around them in its most general and abstract structure? And to which degree are these general forms of viewing the world shared by other animals, notably by non-human primates? In response to these questions of what could be called comparative metaphysics, this paper discusses new evidence from developmental and comparative research to argue for the following picture: human children and non-human primates share a basic framework of (...) natural ontology: they think about their natural surroundings in essentialist ways in terms of natural kind objects constituted by their essential properties, and in generic terms as governed by general descriptive regularities. In contrast, there is a great divide when it comes to how human children and non-human primates carve up their social environment: only human children then go on to use their essentialist and generic thinking for developing a distinctively social ontology, to conceive of their surrounding in terms of socially constituted objects governed by general prescriptive norms. (shrink)

Adults’ intentionality judgments regarding an action are influenced by their moral evaluation of this action. This is clearly indicated in the so-called side-effect effect: when told about an action (e.g. implementing a business plan) with an intended primary effect (e.g. raise profits) and a foreseen side effect (e.g. harming/helping the environment), subjects tend to interpret the bringing about of the side effect more often as intentional when it is negative (harming the environment) than when it is positive (helping the environment). (...) From a cognitive point of view, it is unclear whether the side-effect effect is driven by the moral status of the side effects specifically, or rather more generally by its normative status. And from a developmental point of view, little is known about the ontogenetic origins of the effect. The present study therefore explored the cognitive foundations and the ontogenetic origins of the side-effect effect by testing 4-to 5-year-old children with scenarios in which a side effect was in accordance with/violated a norm. Crucially, the status of the norm was varied to be conventional or moral. Children rated the bringing about of side-effects as more intentional when it broke a norm than when it accorded with a norm irrespective of the type of norm. The side-effect effect is thus an early-developing, more general and pervasive phenomenon, not restricted to morally relevant side effects. (shrink)

In “On what matters: Personal identity as a phenomenological problem” (2020), Steven Crowell engages a number of contemporary interpretations of Husserl’s account of the person and personal identity by noting that they lack a phenomenological elucidation of the self as commitment. In this article, in response to Crowell, I aim to show that such an account of the self as commitment can be drawn from Husserl’s work by looking more closely at his descriptions from the time of Ideas and after (...) of the self as ego or I and egoic experience as attentive experience. I specifically aim to sketch the beginning of a response to three questions I take Crowell to be posing to a Husserlian account of the person and personal identity: (1) What more than pre-reflective self-awareness can be attributed to the self on phenomenological grounds so that we can understand, phenomenologically speaking, how selves become persons? (2) How can what characterizes the self in addition to pre-reflective self-awareness be discerned in both our commitment to truth and our feeling bound by love and other emotive commitments that cannot be fully rationally justified, which Husserl acknowledges are both sources of personal self-constitution? And (3), do all selves become persons? In the paper I elaborate how my answers to the first two questions turn on the self not just being self-aware but active in a particular sense. And to begin to address the third question, I suggest that while any form of wakeful conscious experience is both self-aware and active, this activity of the self makes a difference for those who are socio-historically embedded in the way we are. Specifically, on the proposed Husserlian account, selves that are socio-historically embedded become persons in and through their active relating to what they attentively experience. In concluding, I indicate how this Husserlian account might compare to Crowell’s claim that “self-identity (ipseity) is not mere logical identity (A=A) but a normative achievement […] which makes a ‘personal’ kind of identity possible” (2020). (shrink)

One of the fundamental problems of epistemology is to say when the evidence in an agent’s possession justifies the beliefs she holds. In this paper and its sequel, we defend the Bayesian solution to this problem by appealing to the following fundamental norm: Accuracy An epistemic agent ought to minimize the inaccuracy of her partial beliefs. In this paper, we make this norm mathematically precise in various ways. We describe three epistemic dilemmas that an agent might face if she attempts (...) to follow Accuracy, and we show that the only inaccuracy measures that do not give rise to such dilemmas are the quadratic inaccuracy measures. In the sequel, we derive the main tenets of Bayesianism from the relevant mathematical versions of Accuracy to which this characterization of the legitimate inaccuracy measures gives rise, but we also show that Jeffrey conditionalization has to be replaced by a different method of update in order for Accuracy to be satisfied. (shrink)

Scientific Change How do scientific theories, concepts and methods change over time? Answers to this question have historical parts and philosophical parts. There can be descriptive accounts of the recorded differences over time of particular theories, concepts, and methods—what might be called the shape of scientific change. Many stories of scientific change attempt to give […].

George Berkeley argues that vision is a language of God, that the immediate objects of vision are arbitrary signs for tactile objects and that there is no necessary connection between what we see and what we touch. Thomas Reid, on the other hand, aims to establish a geometrical connection between visible and tactile figures. Consequently, although Reid and Berkeley's theories of vision share important elements, Reid explicitly rejects Berkeley's idea that visible figures are merely arbitrary signs for tangible bodies. But (...) is he right in doing so? I show that many passages in Berkeley's work on vision suggest that he acknowledges a geometrical connection between visibles and tangibles. So the opposition between the arbitrariness Berkeley defends and a geometrical connection cannot be as universal as Reid thinks. This paper seeks to offer a plausible reading of Berkeley's theory of vision in this regard and an explanation of why Reid interprets Berkeley differently. (shrink)

In Epistemic Entitlement. The Right to Believe Hannes Ole Matthiessen develops a social externalist account of epistemic entitlement and perceptual knowledge. The basic idea is that positive epistemic status should be understood as a specific kind of epistemic right, that is a right to believe. Since rights have consequences for how others are required to treat the bearer of the right, they have to be publicly accessible. The author therefore suggests that epistemic entitlement can plausibly be conceptualized as a status (...) that is grounded in a publicly observable perceptual situation, rather than in a perceptual experience as current theories of epistemic entitlement state. It is then argued that such a social externalist account of entitlement, in which the perceiver's epistemic perspective becomes relevant only in the exceptional case where an entitlement is challenged, can nevertheless do justice to our central intuitions about first-personal epistemic phenomenology. (shrink)

Drawing on an idea proposed by Darwin, it has recently been hypothesised that violent intergroup conflict might have played a substantial role in the evolution of human cooperativeness and altruism. The central notion of this argument, dubbed ‘parochial altruism’, is that the two genetic or cultural traits, aggressiveness against out-groups and cooperativeness towards the in-group, including self-sacrificial altruistic behaviour, might have coevolved in humans. This review assesses the explanatory power of current theories of ‘parochial altruism’. After a brief synopsis of (...) the existing literature, two pitfalls in the interpretation of the most widely used models are discussed: potential direct benefits and high relatedness between group members implicitly induced by assumptions about conflict structure and frequency. Then, a number of simplifying assumptions made in the construction of these models are pointed out which currently limit their explanatory power. Next, relevant empirical evidence from several disciplines which could guide future theoretical extensions is reviewed. Finally, selected alternative accounts of evolutionary links between intergroup conflict and intragroup cooperation are briefly discussed which could be integrated with parochial altruism in the future. (shrink)

I will defend the claim that we need to differentiate between thinking and reasoning in order to make progress in understanding the intricate relation between language and mind. The distinction between thinking and reasoning will allow us to apply a structural equivalent of Ludwig Wittgenstein’s Private Language Argument to the domain of mind and language. This argumentative strategy enables us to show that and how a certain subcategory of cognitive processes, namely reasoning, is constitutively dependent on language. The final outcome (...) and claim of this paper can be summarized as follows: We can think without language, but we cannot reason without language. While this still leaves several questions about the relation between mind and language unanswered, I hold that the insights defended in this paper provide the basis and proper framework for further investigation about the relationship between language and the mind.Keywords: Private language argument, Wittgenstein, thought/mind and language, reasoning, linguistic relativity, non-linguistic cognition. (shrink)

Brain Organoids in their current state of development are patentable. Future brain organoids may face some challenges in this regard, which I address in this contribution. Brain organoids unproblematically fulfil the general prerequisites of patentability set forth in Art. 3 (1) EU-Directive 98/44/ec (invention, novelty, inventive step and susceptibility of industrial application). Patentability is excluded if an invention makes use of human embryos or constitutes a stage of the human body in the individual phases of its formation and development. Both (...) do not apply to brain organoids, unless ES-cells are used. Art. 6 (1) EU-Directive 98/44/ec excludes patentability for inventions “the commercial exploitation of which would be contrary to ordre public or morality”. While there is no conceivable scenario, in which the commercial application of current brain organoids violates the ordre public, the same is not necessarily true for future brain organoids. Keeping in mind that a development of consciousness-like abilities in future brain organoids cannot be excluded and that an ability for both physical and psychological suffering has been theorized, both of which are aspects of the ordre public, certain applications of future brain organoids may constitute a violation of the ordre public and therefore lead to an exclusion of patentability. (shrink)