Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided into four clear (...) parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness, and responsibility Citizens, states, and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence, and legal theory. (shrink)

Hotel architectural design plays a critical role in the hospitality experiences of consumers, and it is important to consider that people may have different aesthetic cognitions toward the sensory properties of nature, such as its color and texture, as well as the landscape. While neuroaesthetics has emerged as a nascent field in hospitality research, few studies have investigated how nature reflects aesthetic experiences in the human brain. Moreover, the neuroaesthetic interpretation of architecture through the aesthetic triad is a novel interdisciplinary (...) field. A field survey conducted at Amanfayun, a hotel in Hangzhou, China, in support of our propositions proves that sensory-motor, knowledge-meaning, and emotion valuation systems play key roles in appreciating architectural aesthetics. This study demonstrates that the evaluation of fluency, complexity, and naturalistic patterns of an architectural masterpiece is achieved through the sensory-motor systems. Our results also prove that familiarity, expectations, context, and cultural background directly affect the aesthetic knowledge of an individual and the meaning of architecture. Moreover, the interaction of sensory-motor and knowledge elements is uniformly moderated by the emotion valuation systems, resulting in a balanced appreciation of aesthetic architecture. Finally, the study reveals the central roles of culture and nature in cognitive rejuvenation. (shrink)

BackgroundThis study aimed at standardizing and providing preliminary evidence on the clinical usability of the Italian telephone-based Verbal Fluency Battery, which includes phonemic, semantic and alternate verbal fluency tasks.MethodsThree-hundred and thirty-five Italian healthy participants and 27 individuals with neurodegenerative or cerebrovascular diseases were administered the t-VFB. Switch number and cluster size were computed via latent semantic analyses. HPs underwent the telephone-based Mental State Examination and Backward Digit Span. Construct validity, factorial structure, internal consistency, test-retest and inter-rater reliability and equivalence with (...) the in-person Verbal Fluency tasks were assessed. Norms were derived via Equivalent Scores. Diagnostic accuracy against clinical populations was assessed.ResultsThe majority of t-VFB scores correlated among each other and with the BDS, but not with the MMSE. Switch number correlated with t-PVF, t-SVF, t-AVF scores, whilst cluster size with the t-SVF and t-AVF scores only. The t-VFB was underpinned by a mono-component structure and was internally consistent. Test-retest and inter-rater reliability were optimal. Each t-VFB test was statistically equivalent to its in-person version. Education predicted all t-VFB scores, whereas age t-SVF and t-AVF scores and sex only some t-SVF scores. Diagnostic accuracy against clinical samples was optimal.DiscussionThe t-VFB is a valid, reliable and normed telephone-based assessment tool for language and executive functioning, equivalent to the in-person version; results show promising evidence of its diagnostic accuracy in neurological populations. (shrink)

Este artículo interpreta los vínculos entre espacio y memoria en la novela El sistema del tacto(2018) de Alejandra Costamagna a partir de la configuración de una geografía afectiva del Cono Sur, un imaginario de provincia argentina y un archivo familiar de la migración. La emergencia de un imaginario territorial que incluye el cruce transadino, el recorrido por la pampa y la ciudad provinciana de Campana proyecta distintas formas de vida social transformadas en el tiempo. Estos imaginarios se elaboran tanto desde (...) una figura de infancia que despliega una percepción particular del paisaje natural como desde una subjetividad que en el presente narrativa retorna para constatar la caducidad de las formas de vivir y habitar del siglo XX. La novela integra aspectos espaciales, materiales y lingüísticos en la conformación de distintas experiencias, imágenes y percepciones del entorno. (shrink)

This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas of wide reflective equilibrium and public reason in order to defend an engagement model of comparative adjudication. According to this model, the judicial use of foreign law is justified if it proceeds by testing and mutually adjusting the principles and rulings of our constitutional doctrines against reasonable alternatives, as represented by the principles and rulings of other reasonable doctrines. By this, a court points to (...) a wide reflective equilibrium, justifying its own interpretations with reasonable arguments, i.e. arguments that are acceptable from the perspectives defined by other constitutional doctrines, as endorsed by other courts. The point of a judicial engagement of this sort is to work out an overlap between different, reasonable, doctrines in the judicial forum, as part of a liberal forum of public reason. Here, the exercise of public reason filters out the premises of comprehensive doctrines so as to leave us in the region of an overlapping consensus: a region of mid-level principles that can be shared, notwithstanding the fact of legal pluralism. (shrink)

Volume 10, Issue 1, March 2019, Page 121-131.

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

This paper highlights the results of a theoretical analysis aiming to prove that the key dimensions of Global Competence framework as proposed by OECD in 2016 are integrated in the so-called Pedagogy of Communion: the educational approach sprouted from the experience of Chiara Lubich and the Focolare Movement. The socio-ontological intelligence theoretical model may represent a valid support to all parties interested in developing the emerging OECD Education 2030 Framework aimed at establishing a common grammar and language, to support (...) the design of curricula fostering the development of global competence. This theoretical reference framework used for the analysis proposed in this paper is an updated version of the Model of Social Intelligence, integrated with an ontological perspective. (shrink)

This collection is the final volume of a four book survey of the state of phenomenology fifty years after the death of Edmund Husserl. Its publication represents a landmark in the comprehensive treatment of contemporary phenomenology in all its vastness and richness. The diversity of the issues raised here is dazzling, but the main themes of Husserl's thought are all either explicitly treated, or else they underlie the ingenious approaches found here. Time, historicity, intentionality, eidos, meaning, possibility/reality, and teleology are (...) the main concerns of this collection devoted to studies in aesthetics, metaphysics and literary interpretation, written by such authors as, among others, R. Cobb-Stevens, C. Moreno Marquez, J. Swiecimski, Sitansu Ray and M. Kronegger. These original studies of phenomenological aesthetics and literary theory by scholars from all parts of the world were gathered by the World Institute for Advanced Phenomenological Research and Learn ing during the year 1988/89 during its assessment of the phenomeno logical movement, fifty years after Husserl's death. IX A -T. Tymieniecka (ed.), Analecta Husserliana, Vol. XXXVII, ix. (shrink)

This paper explores some alternative accounts of doxastic disagreement, and shows what problems each faces. It offers an account of doxastic disagreement that results from the incompatibility of the content of doxastic attitudes, even when that content’s truth is relativized. On the best definition possible, it is argued, neither non-indexical contextualism nor assessment-relativism have an advantage over contextualism. The conclusion is that conflicts that arise from the incompatibility (at the same world) of the content of given doxastic attitudes cannot be (...) accommodated by theoretical positions that allow for the compatibility (at the same world) of the content of different doxastic attitudes. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

We develop an account of how mutually inconsistent models of the same target system can provide coherent information about the system. Our account makes use of ideas from the debate surrounding rob...

This is the first of two volumes comprising the papers submitted for publication by the invited participants to the Tenth International Congress of Logic, Methodology and Philosophy of Science, held in Florence, August 1995. The Congress was held under the auspices of the International Union of History and Philosophy of Science, Division of Logic, Methodology and Philosophy of Science. The invited lectures published in the two volumes demonstrate much of what goes on in the fields of the Congress and give (...) the state of the art of current research. The two volumes cover the traditional subdisciplines of mathematical logic and philosophical logic, as well as their interfaces with computer science, linguistics and philosophy. Philosophy of science is broadly represented, too, including general issues of natural sciences, social sciences and humanities. The papers in Volume One are concerned with logic, mathematical logic, the philosophy of logic and mathematics, and computer science. (shrink)

This paper gives experimental evidence against the claim that speakers’ intuitions support semantic relativism about assertions of epistemic modal sentences and uses this evidence as part of a broader argument against assessment relativism. It follows other papers that reach similar conclusions, such as that of Knobe and Yalcin (Semant Pragmat 7:1–21, 2014). Its results were achieved simultaneously and independently of the more recent work of Kneer (Perspectives on taste. Aesthetics, language, metaphysics, and experimental philosophy. Routledge, 2022). The experimental data in (...) this paper supports two claims. The first is that, as Knobe and Yalcin (Semant Pragmat 7:1–21, 2014) also found, speakers diverge in their judgments about the truth-values and about the appropriate retraction of epistemic modal claims. The second is that speakers diverge in their judgments about when a retraction is appropriate and when it is required. This divergence was not tested by Knobe and Yalcin (Semant Pragmat 7:1–21, 2014) but aligns with the results independently reached by Kneer ((Kneer, Synthese 199(3–4): 6455–6471; Perspectives on taste. Aesthetics, language, metaphysics, and experimental philosophy. Routledge, 2022), and supports the arguments previously developed by Marques (Synthese 199(3–4): 6455–6471). The present studies tested the intuitions of both North American English speakers and of peninsular Spanish speakers, whose judgements on the topic had never been tested. The broader argument involves the relation between required retractions and falsity. (shrink)

What cognitive abilities underpin the use of tools, and how are tools and their properties represented or understood by tool-users? Does the study of tool use provide us with a unique or distinctive source of information about the causal cognition of tool-users? -/- Tool use is a topic of major interest to all those interested in animal cognition, because it implies that the animal has knowledge of the relationship between objects and their effects. There are countless examples of animals developing (...) tools to achieve some goal-chimps sharpening sticks to use as spears, bonobos using sticks to fish for termites, and New Caledonian crows developing complex tools to extracts insects from logs. Studies of tool use have been used to examine an exceptionally wide range of aspects of cognition, such as planning, problem-solving and insight, naive physics, social relationship between action and perception. A key debate in recent research on animal cognition concerns the level of cognitive sophistication that is implied by animal tool use, and developmental psychologists have been addressing related questions regarding the processes through which children acquire the ability to use tools. In neuropsychology, patterns of impairments in tool use due to brain damage, and studies of neural changes associated with tool use, have also led to debates about the different types of cognitive abilities that might underpin tool use, and about how tool use may change the way space or the body is represented. -/- Tool Use and Causal Cognition provides a new interdisciplinary perspective on these issues with contributions from leading psychologists studying tool use and philosophers providing new analyses of the nature of causal understanding A ground-breaking volume which covers several disciplines, this volume will be of interest to psychologists, including animal researchers and developmental psychologists as well as philosophers, and neuroscientists. (shrink)

A descriptive norm is a behavioral rule that individuals follow when their empirical expectations of others following the same rule are met. We aim to provide an account of the emergence of descriptive norms by first looking at a simple case, that of the standing ovation. We examine the structure of a standing ovation, and show it can be generalized to describe the emergence of a wide range of descriptive norms.

First published in Milltown Studies, No.49, 2002, as “Newman on Conscience and our Culture”. Shorter Revised Version: 2007.

Friedrich Albert Lange is usually regarded as a representative of physiological neo-Kantianism or as a forerunner of the Marburg school of neo-Kantianism. In this paper I try to reconstruct Lange’s theory of values to argue that his philosophy is better framed as an intermediate point in the development of the two-world theory (facts/values) between Hermann Lotze and Southwestern neo-Kantianism.

: This paper explores vicarious responsibility and circumstantial luck from a first-person perspective, drawing on ethnographic research on parenting in Reform Era China. The paper focuses on how informants drew boundaries between what they could and could not control in raising a child who might thrive in a hypercompetitive society. In doing so, the paper engages the question, “What kind of moral agent do we want?” by proposing that we also ask, “What kind of moral agent do we find?” In (...) contrast to the hypothetical figure of a walled-off agent who must be convinced of the duty to take on responsibilities in a circumstance of moral luck, empirical research finds instead a vulnerable agent who has taken on ‘too much’. (shrink)

In this paper, I distinguish two senses of the word ‘essence’ both of which figure prominently in recent analytic metaphysics. To disambiguate, I adopt the terminology of ‘modal essence’ (for how a thing metaphysically must be) and ‘whatness essence’ (for what a thing is). With the help of this terminology, I address Kit Fine’s charge that modal metaphysics in the framework of Saul Kripke’s Naming and Necessity proffers an incorrect conceptual analysis of whatness essence. I show that the charge is (...) baseless, and thus that there is no justification for Fine’s verdict that the Kripkean conception of metaphysics should be given up. (shrink)

The `riddle of femininity', like Freud's reference to women's sexuality as a `dark continent', has been treated as a romantic aside or a sexist evasion, rather than a problem to be solved. In this first comprehensive study, Teresa Brennan suggests that by placing these theories in the context of Freud's work overall, we will begin to understand why femininity was such a riddle for Freud.

Semyon Frank opposed the Neo-Kantian School and admitted the real existence of the objects of cognition. He treated ontologism as essential to the entire movement of Russian religious philosophy. For Frank, one can only know about something thanks to the absolute, which exists prior to the knowing subject. Ontologism, affirming the priority of being over cognition, has a great significance not only for metaphysics and epistemology, but also for the philosophy of religion. In particular, Frank taught that the most privileged (...) mode of cognition of God is intuition, an immediate experience of God or faith. Intuition is at the heart of the ontological proof, which can be found in St. Anselm, Descartes, and Frank himself. Frank dedicated a number of articles to this topic: “K istorii ontologicheskogo dokazatel’stva”, “Ontologicheskoe dokazatel’stvo bytiya Boga”, as well as texts recently discovered at the Bakhmeteff Archive, including “Dokazatel’stvo bytiya Boga”. In this way, Russian ontologism leads to a new interpretation of the traditional ontological proof, one which acknowledges the existence of God, not on the basis of arguments resting on His definition, but on the basis of the intuitive recognition of His being. (shrink)

This is the second of two volumes which together provide a comprehensive look at the rich and colorful history of higher education exchange between the United States and the countries of the Middle East. Twenty-first century developments, and the current scope and character of higher education exchange between America and the Middle East are explored in this new book.

Belandria, Margarita Artículos El erotismo como experiencia vinculada a lo sagrado Eroticism as an experience linked to the sacred order Castrejón, Gilberto Laberintos de sabiduría: Entre la razón y el mito Labyrinths of the knowledge: Between the reason and the myth Espar, Teresa Hacia una noción de "globalización" Towards a globalization notion González R., Javier y Belandria, Margarita Filosofía, semiótica, y ritmo Philosophy, semiotics, and rhythm Hocevar, Drina Más allá del pensamiento determinante, el pensamiento reflexionante Beyond deterministic thought, reflexive (...) thought Maldonado, Rebeca La muerte como imaginario social: una mirada de la modernidad a la postmodernidad cultural Death as a social imaginary: A view modernity to cultural postmodernity Mora García, José Pascual El impacto de la ideología y la política en la cultura y el arte de la América Latina Ideological and political interference related to artistic and cultural creations in the Latin American ambit Peña, Edilio Ontología de la trascendencia Metaphysics of Transcendence Ramis Muscato, Pompeyo Sentido de una reforma general de la educación The meaning of a general reform on education Suzzarini, Andrés Traducciones H. Arendt y la idea del derecho moderno Renaut, Alain y Sosoe, Lukas Interdisciplinares Los personajes femeninos en las novelas de Alejo Carpentier Márquez Rodríguez, Alexis Gobernabilidad y constituciones (De la colonización a la emancipación Zambrano Labrador, Laurencio Recensiones Conozca al investigador: Elías Capriles Acercamiento a la obra: Individuo Sociedad y Ecosistema Velasco, Fabiola CDCHT. (shrink)