The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

In March 2016, DeepMind's computer programme AlphaGo surprised the world by defeating the world‐champion Go player, Lee Sedol. AlphaGo exhibits a novel, surprising and valuable style of play and has been recognised as “creative” by the artificial intelligence (AI) and Go communities. This article examines whether AlphaGo engages in creative problem solving according to the standards of comparative psychology. I argue that AlphaGo displays one important aspect of creative problem solving (namely mental scenario building in the form of Monte Carlo (...) tree search), while lacking another (domain generality). This analysis has consequences for how we think about creativity in humans and AI. (shrink)

In classical logic, the proposition expressed by a sentence is construed as a set of possible worlds, capturing the informative content of the sentence. However, sentences in natural language are not only used to provide information, but also to request information. Thus, natural language semantics requires a logical framework whose notion of meaning does not only embody informative content, but also inquisitive content. This paper develops the algebraic foundations for such a framework. We argue that propositions, in order to embody (...) both informative and inquisitive content in a satisfactory way, should be defined as non-empty, downward closed sets of possibilities, where each possibility in turn is a set of possible worlds. We define a natural entailment order over such propositions, capturing when one proposition is at least as informative and inquisitive as another, and we show that this entailment order gives rise to a complete Heyting algebra, with meet, join, and relative pseudo-complement operators. Just as in classical logic, these semantic operators are then associated with the logical constants in a first-order language. We explore the logical properties of the resulting system and discuss its significance for natural language semantics. We show that the system essentially coincides with the simplest and most well-understood existing implementation of inquisitive semantics, and that its treatment of disjunction and existentials also concurs with recent work in alternative semantics. Thus, our algebraic considerations do not lead to a wholly new treatment of the logical constants, but rather provide more solid foundations for some of the existing proposals. (shrink)

Hardly anyone denies that (nearly) all human beings have equal moral status and therefore should be considered and treated as equals. Yet, if humans possess the property that confers moral status upon them to an unequal degree, how come they should be considered and treated as equals? It has been argued that this is because the variations in the degree to which the status‐conferring property is held above a relevant threshold are contingencies that do not generate differences in degrees of (...) moral status. Call this the contingency argument for the basis of moral equality. In this paper, I reject the contingency argument. Instead, I develop an attitude‐based account of the basis of moral equality: according to this account, the basis of moral equality lies in a fitting, basic, and independent moral attitude which is owed to human beings qua moral status‐holders, and provides a coherent and plausible explanation for why the variations above the threshold for moral status do not matter. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

The principle of moral equality is one of the cornerstones of any liberal theory of justice. It is usually assumed that persons’ equal moral status should be grounded in the equal possession of a status-conferring property. Call this the property-first approach to the basis of moral equality. This approach, however, faces some well-known difficulties: in particular, it is difficult to see how the possession of a scalar property can account for persons’ equal moral status. A plausible way of circumventing such (...) difficulties is to explore another avenue for the justification of persons’ equal moral status: moral equality should be grounded in the wrongness of treating others as inferiors. Call this the relation-first approach to the basis of moral equality. This paper aims at providing some reasons as to why this approach should be rejected and clarifying why the property-first approach still represents the most promising way of justifying our commitment to moral equality. Two objections will be pressed against the relation-first approach: first, grounding moral equality in the wrongness of treating others as inferiors gives rise to some disturbing normative implications; second, relation-first accounts cannot vindicate the idea that a range of beings has equal fundamental rights. This, however, is precisely what an account of moral equality is meant to justify. The paper, then, concludes that the relation-first approach fails to provide a plausible answer to the question of the basis of moral equality. Property-first accounts, whatever problems they encounter, are still more viable in principle. (shrink)

This article critically evaluates bettering human life. Because this involves lives that do not exist yet, the article investigates human eugenics and enhancement through the social prism of ‘the imaginary’ (defined ‘as a set of assumptions and concepts for thinking and speaking about human enhancement and its future direction’) [1]. “Exploring basic assumptions underlying the idea of human enhancement” investigates underlying assumptions and claims for human enhancement. Firstly, human eugenics and enhancement entangles a factual as well as a normative claim (...) about what improvement/betterment maybe constitutive of. Secondly, claims about what a better life is, is often a future orientated claim about whether certain kinds of life that do not exist yet should ever exist. Moral images of thought are introduced and how they work to make normative judgments about lives that do not exist. This implicates the moral problem of difference, where an image of a ‘better’ life—classically expressed in eugenics as a ‘superior’ and/or ‘normal’ life—necessarily entails inferiority and/or deviance from a norm. “Moral imagination in contemporary fiction and the history of old eugenics”, introduces moral images in history of eugenics and demonstrates how examples fall foul of the problem. “The new (liberal) eugenics and the moral image of therapy” examines progress in contemporary debates, the move from authoritarian to non-authoritarian eugenics (human enhancement), and how, to some extent, this has solved the problem of difference, through liberal defence of personal choice. “The heart of the eugenic issue” suggests that personal choice in liberal non-authoritarian eugenics is not immune to basic drive behind all eugenic arguments; desire as lack which is expressed as the continual dissatisfaction of not having our future expectations met. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Strnad, Halina The death penalty for homosexual acts between men was imposed in ancient Jewish sex codes. The rationale for these biblical injunctions was to prohibit sexual acts that did not produce offspring. In ancient tribal groups survival depended on population supply and growth.

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 225-251.

Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated (...) and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities. (shrink)

Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.

Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone (...) of judicial co-operation in the European Union, which would not be possible without the trust in each other’s justice system and the respect for the different legal systems and traditions of the Member States. In that vein, ‘the Third Space’, where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise. (shrink)

Celem artykułu jest przedstawienie i analiza poglądów F.A. von Hayeka na temat moralności (zebranych z różnych jego dzieł) oraz wskazanie na ich znaczenie dla współczesnych dyskusji w filozofii politycznej, jak również w etyce. Warto podjąć ten temat z uwagi na potrzebę opracowania myśli aksjologicznej Hayeka, wybitnego myśliciela o poglądach mocno skrystalizowanych, spójnych i oryginalnych. Jego refleksje mają potencjał, aby wiele wnieść w debaty na temat wartości, są one jednak mało znane lub niesłusznie pomijane. W pierwszej części rozważań wyjaśniam, w jaki (...) sposób według Hayeka moralność wspiera wolność indywidualną, a więc wartość centralną w jego aksjologii: społeczeństwo jest wyposażone w moralność (obok prawa stanowionego) w celu zachowania porządku przy minimum stosowania przymusu (istota ładu wolnościowego). Rozdział drugi poświęcam omówieniu wyróżnionych przez Hayeka rodzajów moralności, wskazuję, w jaki sposób, wzajemnie się uzupełniając, konstytuują one tradycję moralną. Chodzi o zespoły zasad fundujących z jednej strony ład naturalny (jego normy odpowiadają instynktownym postawom słusznie dochodzącym do głosu w małych wspólnotach), z drugiej strony – tzw. ład rozszerzony (związane z nim normy nie są zgodne z instynktami, regulują współistnienie obcych sobie ludzi wchodzących w anonimowe relacje w obrębie dużych społeczności ludzkich). W rozdziale trzecim przedstawiam Hayeka poglądy w kwestii możliwości uzasadnienia norm tradycyjnej moralności. Chodzi zwłaszcza o rozwinięcie poglądu, że uznawanie zasad moralności jest kluczowe dla społeczeństwa wolnościowego, i to niezależnie od tego, czy mamy dla nich zadowalające racjonalne uzasadnienie. W końcowej części rozważań zasygnalizowane jest znaczenie Hayeka koncepcji moralności w zakresie nurtów myśli politycznej, z którymi Hayek jest wiązany (indywidualizm, liberalizm, konserwatyzm), jak również dla metaetyki (próba odtworzenia zasad konstytutywnych dla cywilizacji; głos w dyskusji między perspektywą bezstronną i stronniczą w etyce). (shrink)

In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...) coherent, holistic legal perspective on a case. They steer what needs to be proven but are also selected on the basis of what can be proven. We show how these legal stories can be used to model a shift of the legal perspective on a case, and we discuss how gaps in a legal story can be filled using a factual story (i.e. the process of reasoning with circumstantial evidence). Our model is illustrated by a discussion of the Dutch Wamel murder case. (shrink)

Based on autoethnographic observations and phenomenological descriptions of everyday life, this article develops a theory about the connection between challenging housing experiences and the lockdown situation during the COVID-19 pandemic in Germany. A special focus is placed on living in community, i.e. living permanently together with other people. The reorganisation of spatial routines and the bundling of these in the flat led to the development of new methods of everyday life in terms of work, leisure and social behaviour. With the (...) addition of theoretical role considerations, it is shown that the central challenge of life in the lockdown presents itself as a spatial crisis of role fulfilment. (shrink)

Animal minds are complex and diverse, making them difficult to study. This Element focuses on a question that has received much attention in the field of comparative cognition: 'Do animals reason about unobservable variables like force and mental states?' The Element shows how researchers design studies and gather evidence to address this question. Despite the many virtues of current methods, hypotheses in comparative cognition are often underdetermined by the empirical evidence. Given this, philosophers and scientists have recently called for additional (...) behavioral constraints on theorizing in the field. The Element endorses this proposal (known as 'signature testing'), while also arguing that studies on animal minds would benefit from drawing more heavily on neuroscience and biology. (shrink)

Os movimentos feministas negros impelem à busca de mudanças e de liberação e de superação do sexismo, racismo e classismo presentes em distintos campos da sociedade, inclusive no campo filosófico. Nesses termos, olhares críticos são lançados à filosofia e questionamentos surgem: A filosofia tal como apreendida em sua história reserva algum lugar para o não-homem, para o não-branco? A filosofia reserva algum lugar para as mulheres negras? Quando direcionamos o nosso olhar para a filosofia e para o feminismos negros brasileiros, (...) qual é a situação? A partir dessas e de outras questões, chegamos a uma das principais filósofas e feministas negras brasileiras: Lélia Gonzalez. Seu trabalho possui profunda riqueza filosófica e conceitual e desenvolve uma análise refinada do cânone ao propor a subversão deste, com a criação de novos conceitos e linguagens que expressam experiências diversas às impostas pela filosofia tradicional. Ainda que seja filósofa de formação, Lélia é lida muito mais a partir de suas outras formações nas áreas de Antropologia, Geografia, História e Sociologia, por exemplo, do que como filósofa. Nesse contexto, o presente artigo tem, por um lado, o objetivo de situar Lélia Gonzalez como feminista negra brasileira e filósofa, apontando seus argumentos acerca dos lugares das mulheres negras brasileiras em movimentos feministas e negros e seus argumentos filosóficos contra a opressão cultural e linguística. Por outro lado, visa problematizar a invisibilidade e o silenciamento de Lélia Gonzalez no contexto filosófico. (shrink)

A pandemia de Covid-19 explicitou as desigualdades de gênero, raça e classe presentes em nossa sociedade. Grupos histórica e socialmente subalternizados, como os das pessoas negras e das mulheres, sentiram os efeitos pandêmicos de forma intensa. O que se traduziu em maior vulnerabilidade à doença e a situações de violências diversas. No que se refere às mulheres negras, interseccionadas pelas opressões de gênero, raça e classe, os efeitos foram ainda mais danosos. O presente artigo visa à análise da peculiaridade da (...) situação das mulheres negras em sociedades machistas, sexistas e racistas e de como a pandemia de Covid19 incidiu sobre esse grupo de mulheres. Para tanto, pretende-se, num primeiro momento, compreender a peculiaridade da situação das mulheres negras em sociedades racistas, machistas e sexistas. Para isso, serão situados brevemente os debates sobre gênero e raça e, em seguida, será utilizado o repertório conceitual dos movimentos feministas negros. Num outro momento, a partir da “localização conceitual” das mulheres negras no contexto social, serão apresentados dados do Brasil que elucidam a intensidade das violências sofridas por esse grupo de mulheres. Da análise de tais dados, se refletirá a respeito da violência contra as mulheres negras na pandemia de Covid-19, considerando-se o peso da intersecção das opressões de gênero, raça e classe sobre tais mulheres e a importância dos movimentos feministas negros para uma tentativa de modificação de estruturas sociais opressoras. (shrink)

The paper develops and provides rationale for M. Foucault’s proposition of there being far-reaching theoretical convergences between his concept of Genealogy and the Critical Theory by Frankfurt School philosophers. In the author’s view, the similarities are marked in three areas:1. historical discourse, severing the ties with a traditional interpretation of history, i.e. one that makes the perspective of power absolute;2. an ambiguous approach to the Enlightenment as expressed in a rejection of the doctrine while preserving Enlightenment ethos;3. criticism of the (...) anthropology that assumes a primacy of mind over matter on the premise of exposing a self-conscious subject as a product of the harnessing of Nature. Wile emphasizing the spiritual kinship between Foucault and the philosophers of the Frankfurt School, the author does record significant differences, mostly concerning the nature of the historical process, an expression of the issue of power and the relation between power and knowledge. (shrink)

The article presents some problems connected with the feeling of own fault and demonstrates differences in their resolving. Following questions have been successively discussed: consequences of feeling guilty, genesis of the feeling of own fault and components of these experiences, different forms of manifestation of feeling guilty, feeling guilty confronted with justice and punishment, meaning of the expressions “existential feeling guilty” and “pre-existential feeling guilty”.

In his recent book, Humanity without Dignity: Moral Equality, Respect, and Human Rights, Andrea Sangiovanni argues that the principle of moral equality should be grounded in the wrongness of treating others as inferiors insofar as this constitutes an act of social cruelty. In this short piece, I will raise two concerns about the rejection of social cruelty as the basis of moral equality: first, Sangiovanni’s account seems to give rise to disturbing implications as to how those beings that have basic (...) moral status relate to each other. Second, grounding moral equality in the rejection of social cruelty may fail to capture some wrongs qua violation of moral equality. (shrink)

The exchange between Peter Park, Dan Flory and Leah Kalmanson on Park’s book Africa, Asia and the History of Philosophy: Racism in the Formation of the Philosophical Canon took place during the APA’s 2016 Central Division meeting on a panel sponsored by the Committee on Asian and Asian-American Philosophers and Philosophies. After having peer-reviewed the exchange, JWP invited Sonia Sikka and Mark Larrimore to engage with these papers. All the five papers are being published together in this issue.

This article critically examines how solidarity has been enacted in the first 2 months of the COVID-19 pandemic, mainly, but not exclusively, from a United Kingdom perspective.1 Solidaristic strategies are framed in two ways: aspirations to overcome COVID-19 ; and those that are illusory, incompatible, contradictory, and disrupting of solidaristic ideals. Solidarity can also be understood more widely from a biocentric perspective. In the context of COVID-19 a lack of biocentric solidarity points to a probable cause of the pandemic; where (...) COVID-19, harmless in bats, jumped species as a consequence of closer contact with humans. Solidarity, therefore, is not only expressed in a fight against a viral “enemy” but is also a reminder of human activity that has upset balances within ecosystems. (shrink)

There is currently a consensus among comparative psychologists that nonhuman animals are capable of some forms of mindreading. Several philosophers and psychologists have criticized this consensus, however, arguing that there is a “logical problem” with the experimental approach used to test for mindreading in nonhuman animals. I argue that the logical problem is no more than a version of the general skeptical problem known as the theoretician’s dilemma. As such, it is not a problem that comparative psychologists must solve before (...) providing evidence for mindreading. (shrink)

Danse Macabre and Other Stories: A Psychoanalytic Perspective on Global Dynamics examines the world using a systemic and psychoanalytic lens, including concepts of splitting, separation, projection, displacement, and the return of the repressed. They consider what impact the disappearance of some iconic and psychic containers has on individuals' functioning and why we choose populist leaders to shore up our own social defences. They question why the world feels so threatening to the twenty-first-century linked-in citizens when the objective facts suggest that (...) overall much is improving for the global citizen. Building on their previous work, Halina Brunning and Olya Khaleelee have created a coherent framework in order to conceptualise global dynamics within a matrix form. The matrix contains dialectic dynamic forces for both good and evil, love and hate, creation and destruction. They take a closer look at the plethora of phenomena which they see arising therein. Whilst the matrix holds steady, inside it is a world in constant flux, reconfiguring and rearranging itself, as if in a kaleidoscope, with inevitable and unavoidable turbulence, but - Brunning and Khaleelee hypothesise - with an underlying pattern that is available to be discerned and studied. Aware of this turbulence, Brunning and Khaleelee wish to share their view of the world in the hope of offering a containing reflection, capable of calming the nerves of the readers as well as their own. (shrink)

This paper develops a novel theory of the meaning of moral equality. This theory has two original and significant implications: first, it shows—contra what is commonly held in the literature—that adults and children are not always each other’s equals; rather, the former are sometimes inferior and sometimes superior to the latter, depending on the interest at stake. Second, it reveals that human beings’ comparative moral status changes across time, and what matters is that they are each other’s equals at simultaneous (...) segments of their lives. (shrink)

This article uses Carl Plantinga’s and Noël Carroll’s theorizations regarding cinematic disgust to analyze Carl Franklin’s 1995 film noir, Devil in a Blue Dress. Plantinga argues for a link between disgust and ideology that helps to reveal deeper cultural significance in film, which Carroll’s work likewise supports. Plantinga further argues that disgust in art may be strangely attractive as well as repulsive, thereby eliciting reflection. I argue that combining these elements with philosopher Kwame Anthony Appiah’s explanation of how moral revolutions (...) happen by means of honor codes helps to clarify not only viewer sympathy and solidarity for this film’s African-American protagonist, but also viewer moral disgust at another important white character’s racism. In particular, the film encourages its more thoughtful white viewers to reconsider as well as potentially change their affective responses, ideological predispositions, and habits of perception and attention regarding race, thereby facilitating fundamental moral change and even the possibility of moral revolution. (shrink)

This essay opens the Special Issue of the International Journal for the Semiotics of Law entitled “Legal Languages and Legal Communication” devoted to issues in translating, interpreting and teaching legal languages and legal communication. This volume of the International Journal of the Semiotics of Law comprises twelve articles which might be grouped into three categories of problems i.e. culture in legal translation and interpretation, legal discourse and/in legal communication and teaching legal languages and legal communication. The first section refers to (...) issues connected with legal terminology and the impact legal culture has on the quality of translation and interpretation (Kordić in Int J Semiot of Law 36 (4); Janigova in Int J Semiot of Law 36 (4); Matulewska and Oh in Int J Semiot of Law 36 (4)). The second part focuses on the question of legal discourse with a special emphasis on its role in legal communication (Więcławska in Int J Semiot of Law 36 (4); Alwazna in Int J Semiot of Law 36 (4); Hadryan and Rutecka-Góra in Int J Semiot of Law 36 (4); Orts in Int J Semiot of Law 36 (4); Cudowska in Int J Semiot of Law 36 (4); Górska and Juzaszek in Int J Semiot of Law 36 (4) and Grieshofer in Int J Semiot of Law 36 (4)). The third and last section of the special issue is dedicated to question of instructing legal languages and legal communication and, mainly tackles the problem of designing curricula of English for Legal Purposes in such a way so as to equip legal professionals with such linguistic competences, knowledge and skills that are most valuable for their work (Bhatia in Int J Semiot of Law 36 (4); Chiknaverova in Int J Semiot of Law 36 (4)). (shrink)

Berichte zur Wissenschaftsgeschichte, EarlyView.