Everyday life is increasingly restructured by algorithms that participate, not only as medium, but also as partners, co-creators, mentors, and figures of authority, in our affective and creative experiences. Their agentic capacity is enabled by big data capitalism as well as through the newly acquired ability to generate meaning (text) and visuals (images, videos, holograms). AI technology engages with aspects of existence that constitute the core of what it means to be human. Promising transcendence of existential givens it induces an (...) illusory sense of safety, as it brings us even closer to a confrontation with constitutive ontological complexities. For instance, AI technology commits to a transcendence of mortality, luring humans to envision the possibility of “digital resurrection” and of acquiring immortality via a merger with machines. Seduced by the seeming omnipotence manufactured for us in the digital world, which molds itself to our wishes, we end up questioning not only our agency and freedom but the very fact of being alive. In addition, in the current epidemic of loneliness, in which inter-human connections are thinning out and our reliance on chatbots for friendship, care, and romance increases, humanity is confronted with the state of fundamental isolation and the desire for intimacy and community. This article meditates on AI technology’s tendency to colonize aspects of life that are at the core of humanity, namely meaning, freedom, death, and intimacy, as well as on the societal risks associated with fundamentally altering our understanding of these matters. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

This article explores the appeal of President Donald Trump’s persona in North American society, appeal that enabled the formation of a fan-base-like loyal and passionate constituency. The analysis...

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

In the 13th century, the availability of Aristotle’s treatises of natural philosophy encouraged forms of integration between libri naturales and sapientia biblica. Instead of diving into allegory and symbolism, several Dominican exegetes began to explore more realistic approaches. The foremost figure is Albert the Great. In his biblical commentaries, philosophy of nature and theology join forces as complementary forms of knowledge. By focusing on Albert’s De vegetabilibus, this paper is aimed at analyzing in which ways the Dominican master reuses his (...) naturalistic and, especially, botanical knowledge as an exegetical tool to deepen both the historical and the allegorical sense, realism and spiritual interpretation. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

This article explores covid-19 as a social traumatic event that thoroughly disrupted our ordinary plane of existence. In doing so, it opened a window to an uncanny world, in which the virus, manife...

Hofstede’s cultural values framework has been applied in a study looking at possible relations between migration streams and their country of destinations. The study is based on a model which consists of three factors: Human Resources Management, Culture Dimensions and Migration and it points out their non-linear relationship. Migration outflows from Poland in 2002 are measured against culture dimensions (both in Poland and destinations countries) and power distance emerges as the most influential possible “pull” factor. A list of positive and (...) negative implications of the Human Resources Management, Migration and Culture Dimensions relationship on a personal, corporate and national level is presented. (shrink)

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

O presente estudo se propõe analisar como a produção de conhecimento, em dois periódicos locais em Duque de Caxias: a Revista Hidra de Igoassú e a Revista Pilares da História, abordam a temática das culturas afro brasileiras. Assim, o objetivo é identificar como os agentes de produções estão conectadas as agências na cidade de Duque de Caxias e como articulam as produções para projetação e divulgação de ações patrimoniais na cidade. Palavras-chave: Baixada Fluminense, Culturas afro brasileiras, História Local.

Peirce’s category of Firstness is first and fundamental. Without Firstness, we can say, nothing can (later) be – no time, no space, no things, no processes, no growth, no regularities, and no thoughts – hence, nothing of which we can ever conceive. However, despite the fundamentality of Peirce’s category of Firstness, we still do not believe that it has received the attention that it rightly deserves; not by Peirce himself, nor by his commentators. In the following we will, therefore, look (...) at the category of Firstness and try to give a modest glimpse of its fundamentality in relation to four other of Peirce’s central concepts: namely, evolution, consciousness, icon, and, finally, abduction. (shrink)

The Exceptionality of Solidarity In times of crisis, we witness exceptional expressions of solidarity. Why does solidarity spring in times of crisis when it wanes in normal times? An inquiry into what may explain the differences between the expression of solidarity in crisis vs. normalcy provides, as I will argue in this article, important insights into the conditions and nature of solidarity. Solidarity requires, I will contend, an egalitarian ethos and state action within and beyond the state. It is neither (...) a momentary political ideal, nor an exclusionary one, which depends for its sustainment on formal, legal, structures. Transient, sectarian, and informal conceptions of solidarity unduly curtail the demands of solidarity by restricting its reach to times of crisis, to in-group recipients, and to the social rather than the legal sphere. The article concludes by discussing some aspects of the dynamics of solidarity and its inherent risks that the analysis of the exceptionality of solidarity helps bring into focus. (shrink)

The way Aristotle conceives his very notion of potency manifests that capacity and incapacity are not as far from each other as we usually think, the reason for that being the finite character of potency on the one hand and the presence of télos in the heart of potency on the other hand.

Este trabajo estudia algunas colecciones de documentos notariales árabes que se han conservado en Granada, desde el punto de vista de la mentalidad de archivo. Está especialmente enfocado al análisis de cómo y por qué sobrevivieron estos documentos y quién pudo pensar que se trataba de un material que merecía ser preservado. Este estudio contribuye a conocer mejor el comportamiento de los habitantes de Granada hacia los documentos árabes.

The article intends to investigate the capacity of representation to refer to further meanings in the thought of Bonaventure of Bagnoregio (1217/21-1274), starting from the Dino Formaggio’s conception of the ways of meaning in art: art is communication because it signifies in a plurivocal, plurivalent and uni-situational way. According to Bonaventure, natural and artificial things, as creation of the poietic activity of divine and human artifex, refer to further meanings also by the attitude of the observer that can consider the (...) image as that which refers to a univocal sensible meaning, or as that which refers to an ulteriority, a multiplicity of spiritual senses. The Bonaventure’s idea of the ulteriority of representation arises also in the Franciscan art of the 13th and the 14th century and, with the emergence of the consciousness of the artist during this period, can confirm also from an historical point of view the conception of communication in art proposed by the Italian philosopher Dino Formaggio. (shrink)

Il saggio affronta la questione se nel pensiero di Giovanni di Salisbury sia presente un pensiero mistico e quella di quali siano le relazioni con la sua teoria della conoscenza. Il pulchrum rappresenta uno dei temi tramite cui è possibile riflettere su tale questione, poiché problematizza il rapporto tra umano e divino, tra immanente e trascendente, su più livelli del discorso salisburiano. All’interno del generale atteggiamento scettico dell’autore, il pulchrum si articola nelle dimensioni dell’armonia musicale cosmica e umana, come proportio (...) o venustas; dei criteri di misura, numero e peso con cui Dio crea e che sono indici della sua ineffabilità in senso dionisiano; dell’armonia tra forma e contenuto proprie della retorica e della poesia; infine dell’ordine proporzionale che regola non solo il cosmo, ma anche la res publica. Il saggio conclude individuando un atteggiamento mistico, che non è propriamente pensiero mistico, nei momenti in cui maggiormente emergono gli aspetti di ispirazione dionisiana. The essay concerns the question of the possibility of mystical thought in the reflection of John of Salisbury and that of what is the relationship with his theory of knowledge. The pulchrum represents one of the themes through which one can approach this issue, because proves problematic the relationship between human being and God, immanent and transcendent, on multiple levels of John’s thought. Into his general sceptical attitude, the pulchrum is articulated in some dimensions of the musical harmony, both cosmic and human, such as proportio or venustas. In addition, it is understood as measure, number and weight with which God creates and that are signs of his ineffability in a Dionysian meaning. The concept of beauty is also related to the relationship between form and content concerning both rhetoric and poetry. Finally, it concerns the proportional order that regulates not only the cosmos, but also the res publica, in the moments in which the aspects of Dionysian derivation mainly emerge. (shrink)

A relação entre patroas e empregadas constitui uma privilegiada situação para a discussão sobre os conflitos de gênero e classe, uma vez que está inserida em um contexto considerado essencialmente feminino, o ambiente doméstico. Diante deste cenário, Preuss (1997) e Kofes (2001) realizaram, em diferentes épocas, estudos que exploravam esta relação. Suas pesquisam evidenciam que os conflitos gerados entre patroas e empregadas domésticas são um reflexo da disputa entre as classes pelo domínio do poder simbólico. Com base nos resultados obtidos (...) pelas autoras e utilizando o conceito de poder simbólico do teórico Pierre Bourdieu, é feito um estudo da representação das classes nas tramas das telenovelas Cheias de Charme e Avenida Brasil exibidas pela Rede Globo em diferentes horários no ano de 2012. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...) life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity. (shrink)

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

Negli studi sul pensiero medievale la questione delle filosofie francescane si presenta come controversa a proposito della definizione di una essenza del pensiero francescano – in relazione alla figura di Francesco d’Assisi –, di temi di riflessione specifici e del rapporto con le tradizioni filosofiche precedenti.Si tratta di un francescanesimo controverso pure all’interno di una stessa tradizione storiografica, come quella Neoscolastica, in cui studiosi come Gilson, Vignaux e Boehner ne hanno sottolineato il carattere prevalentemente agostiniano o aristotelico.Partendo dalla consapevolezza della (...) problematicità della questione, il saggio si sofferma sui possibili caratteri comuni delle teorie della conoscenza in alcuni pensatori francescani tra XIII e XIV secolo, come Pietro Giovanni Olivi e Pietro Aureolo, a partire dai concetti di conversio, intentio e reflexio e dal loro rapporto con la tradizione agostiniana.Si delineano così teorie della conoscenza che privilegiano l’attività e l’immediatezza del conoscere, sia per la conoscenza diretta sia per quella riflessa.Infine, tali caratteri si possono cogliere pure in un autore non francescano ma secolare come Nicola di Autrecourt, la cui teoria della conoscenza ha fatto parlare di un internalismo vicino a quello delle correnti francescane del XIV secolo. In conclusione, se da una parte non si può ipostatizzare l’idea di caratteri comuni del pensiero francescano, dall’altra si può forse parlare di un comune universo discorsivo in cui la figura di Francesco d’Assisi mostra la propria portata filosofica nella storia. In the History of Medieval Philosophy’s studies, the question of Franciscan philosophies has been the subject of controversy concerning the definition of an essence of Franciscan thought, about the relationship with Francesco d’Assisi, of specific topics of reflection and relationship with the previous philosophical traditions.It is a controversial Franciscanism even within the same historiographical tradition, such as the Neo-Scholastic one, in which scholars such as Gilson, Vignaux and Boehner have emphasised its predominantly Augustinian or Aristotelian character.Starting from the awareness of the problematic nature of the issue, the essay focuses on the possible common peculiarities of the theories of knowledge in some Franciscan thinkers between the 13th and 14th centuries, such as Pietro Giovanni Olivi and Pietro Aureolo, starting from the concepts of conversio, intentio, reflexio and their relationship with the Augustinian tradition.Thus the theories of knowledge are delineated which privilege the activity and the immediacy of knowing, both for direct and reflected knowledge.Finally, these features can also be grasped in a non-Franciscan but secular author like Nicola di Autrecourt, whose theory of knowledge has made mention of a type of internalism close to that of the 14th century Franciscan movement. Therefore, in conclusion, while on the one hand the idea of common particularities of Franciscan thought can not be hypostatised, on the other hand we can perhaps speak of a common discursive universe in which the figure of Francesco d’Assisi shows his philosophical significance in history. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 7-23, October 2021.

En los últimos años, ha habido un creciente interés en analizar los problemas relativos a la epistemología de la prueba jurídica. En distintas culturas jurídicas, las cuestiones de prueba y razonamiento acerca de los hechos han sido abordadas desde diversas perspectivas. La cultura jurídica latinoamericana no es, en este sentido, una excepción: hay actualmente un vigoroso grupo de juristas en la región que se ha ocupado de estudiar problemas relativos a los procesos probatorios en el Derecho...